JANAK DULARI KHOSLA Vs. JASWINDER SINGH

JUDGEMENT

(1.) THE petitioner landlady filed an application for eviction alleging that rented land in dispute was let out to Nagina Singh, predecessor of the respondents, at an yearly rent of Rs. 150/- on 21.1.1956.

(2.) ONE of the grounds for eviction, which remains relevant for the purpose of this petition was the bonafide need for starting fire wood business by the petitioner landlady. It was alleged that she had not vacated any similar rented land in the urban area and had only one more plot, which was not suitable for the business of the petitioner.

(3.) THE trial Court accepted the ground for eviction put forward by the petitioner and ordered eviction. It was held that the need of the applicant was proved to be bona fide. On appeal by the tenant respondents, the view of the trial Court was reversed. It was held that statement of the landlady and her witnesses was that she wanted to start fire would business on the land was insufficient to prove her bonafide need. She had no background of business and had worked as a teacher and retired from service. She was un-married and there is nothing to show that income from pension is insufficient. Hence this revision petition.