KAMLA DEVI Vs. URMILA DEVI

JUDGEMENT

(1.) This is tenants' revision petition challenging the impugned order dated 20.12.2011 of the Appellate Authority, Patiala whereby appeal filed on behalf of the respondent-landlord against dismissal of ejectment application vide order dated 8.2.2011 of the Rent Controller, Patiala has been accepted and petitioner-tenants have been ordered to be evicted from the demised premises.

(2.) In brief, the respondent-landlady filed an ejectment petition against Madan Lal (since deceased and now represented by LRs i.e the petitioners) on the ground of personal necessity. It was alleged that the respondent-landlady had retired from service on 30.11.2005 and she requires the demised premises for her personal use and occupation as she intends to do the business of books and stationery. It was further averred that she was neither having any other shop in her possession nor has ever got vacated any such shop/non-residential building after the commencement of the Act. It may further be noticed that one Surinder Kumar Dhawan, husband of the respondent-landlady, was also joined as co-petitioner in the ejectment application.

(3.) Upon notice, tenant-Madan Lal filed written statement raising various preliminary objections and denying the personal necessity of the respondent-landlady further pleading that she had sufficient accommodation at her disposal. It was specifically stated that the petitioner has given another shop on rent adjoining to the shop in question to one Union Medical Store.