JANGIRO DEVI Vs. KAILASHO DEVI

JUDGEMENT

(1.) THE present revision petition is by the tenant aggrieved against the order of ejectment passed by the appellate authority whereby the tenant was ordered to be ejected on the ground that the building has become unsafe and unfit for human habitation.

(2.) THE premises were let out to the petitioner at the monthly rent of Rs. 10/-. As per the case set up by the landlord in the ejectment petition that the rent note was executed for a period of 11 months commencing from 26.10.1971. The landlord has sought ejectment, inter-alia, on the ground that the house in question had fallen down and is unsafe for human habitation. The petitioner-tenant herein has relied upon recital in an agreement dated 26.10.1971 to the effect that she is entitled to stay in the property till her life. She also stated that the detailed facts and circumstances as to why such a condition in the agreement was introduced. It was explained that father-in- law of the tenant has executed Will in favour of the tenant. However, after the death of her father-in-law, she was forced to mortgage the property in favour of Sh. Munshi Ram, father-in-law of the landlady and later on she was compelled to sell the house in favour of the landlady. The sale deed was executed by her husband as attorney. It has been pointed out that Munshi Ram and his son were responsible for spoiling the life of the husband of the respondent on account of his drinking and other bad habits. Since the husband of the respondent became a spend-thrift and indulged in bad habits, ultimately, she was given severe beatings in order to force her to sell the said house. The tenant could not withstand the pressure, abuses and beating of her husband and succumbed to the pressure which resulted in sale of the said house in favour of the petitioner by the respondent's husband. The detailed circumstances have been further mentioned to the effect that the tenant was allowed to sit in the house in question as a tenant as a special case.

(3.) A perusal of the rent note Ex.R3 alongwith endorsement at the foot of such rent note shows that the demised premises have been rented out to the tenant for the period of 11 months. It is further recited that if the tenant continues to pay rent, then the tenant Jangiro Devi will not be ejected during her life-time. However, the endorsement at the foot of the rent note would show that the landlady has undertaken not to mortgage or sell the house. It is further stated that even if the house falls, still the tenant Jangiro Devi will not be asked to vacate the premises. She will continue to reside even if it is a vacant piece of land. It is further recited that in case of necessity, she can raise jhopari (hutment). In view of the recitals in the said rent note, the question which arises is whether the landlady is competent to seek ejectment of the tenant on the ground that the building has become unfit and unsafe for human habitation ?.