TRIPAT KAUR Vs. JAMNA DASS

JUDGEMENT

(1.) THIS revision has been filed by the landlady against the judgments passed by the courts below, whereby the ejectment petition filed by the landlady was dismissed by the Rent Controller and the appeal filed by her was also dismissed by the learned Appellate Authority.

(2.) THE facts in brief are that the petitioner-landlady filed a petition under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 against the respondent-tenant, seeking his ejectment from the residential house, inter alia on the ground that the building in question was unfit and unsafe for human habitation and that the demised premises were required by the petitioner-landlady for her own use and occupation.

(3.) AFTER hearing both the sides, the learned Rent Controller found that there was relationship of landlord and tenant between the parties, inasmuch as Kartar Singh had given the house in question to the petitioner in a Civil Court decree and as such the petitioner, being the owner, was the landlord of the house in question and there existed the relationship of landlord and tenant between the parties. However, it was found by the Rent Controller that the landlord had failed to prove that the demised premises were unfit and unsafe for human habitation. It was also held that the landlady failed to prove that she required the demised premises bona fide for personal use. Resultantly, the ejectment petition was dismissed.