VIKAS CHATRATH Vs. SALOCHANA DEVI

JUDGEMENT

(1.) This is tenant's revision petition challenging the impugned order of the Rent Controller dated 23.12.2011 whereby he was ordered to be evicted from the demised premises and the judgment dated 11.7.2013 of the Appellate Authority dismissing his appeal against the aforesaid order of his eviction. Suffice is to say that the respondent-landlady filed the ejectment petition against the petitioner-tenant on various grounds i.e. non payment of rent and personal bona fide necessity of the respondent-landlady. However, the respondent-landlady did not press the ground of non-payment of rent before the Rent Controller. However, the ejectment of the petitioner was ordered from the demised premises on the ground that the same was required by the respondent-landlady for her bona fide personal need.

(2.) Appeal filed by the petitioner against the aforesaid order of eviction passed by the Rent Controller was also dismissed. At this stage, it is useful to refer to the ground of personal necessity as set up by the respondent-landlady. It is the case of the respondent-landlady that the petitioner is liable to be ejected on the ground of self use of her two young uneducated sons as at the time of indictment of the petitioner, the children of the respondent-landlady were studying.

(3.) The aforesaid ground of eviction was contested by the petitioner on the averments that there were three shops in the building and one was under the use and occupation of the petitioner while the other two shops were under the use and occupation of the landlady wherein she herself was carrying on business in one shop while in other, her husband was carrying on general store and both of her sons are employed and her husband in the business being carried on by them in the said shops owned and possessed by them. It was further averred by the petitioner that both the sons of the respondent were employed and drawing handsome salaries.