RAJ RANI Vs. NARESH MEHTA

JUDGEMENT

(1.) THIS is tenant's revision petition challenging the impugned order dated 01.03.2011 of the Rent Controller, Yamuna Nagar at Jagadhri, whereby her eviction has been ordered from the demised premises on the ground that the respondent -landlord needs the same for his personal bona fide need and further challenging the judgment dated 07.11.2012 of the Appellate Authority, Yamuna Nagar dismissing her appeal against the aforesaid order of her eviction. Suffice it to say that eviction of the petitioner has been ordered from the demised premises on the ground that the same is required by the respondent -landlord for his bona fide use and occupation. While setting up his need for bona fide use and occupation of the demised premises, the respondent -landlord has averred that the property in question is required by him for his personal use as he is not having any other house either as a tenant or as an owner in possession within the municipal limits of Yamuna Nagar and at present he is residing with his father as a licencee at Mehta Niwas. He further stated that his father is pressurizing him to get the house vacated as his family has grown up and that he had purchased the house in question for his personal use and occupation and he is in dire need of the same.

(2.) THE ground of personal necessity of the respondent -landlord was opposed by the petitioner -tenant submitting that the respondent -landlord was in possession of sufficient accommodation/portion of the residential house of his father who is living with him and is an aged person and as such dependent upon his son. The petitioner further submitted that the building where the respondent -landlord resides with his father consists of three rooms and there is sufficient accommodation available in that building; whereas there are only two rooms in the property in question and out of these rooms, one room is already in possession of the respondent -landlord.

(3.) ON the other hand, petitioner -tenant appeared as RW -1. In her cross -examination, she admitted that at present the respondent -landlord is putting up in the house of his father where his brother also resides with his family. She further admitted that both the respondent -landlord and his brother are living there with their respective families and they also have children who are college going. She further admitted that the house in question is of 49 square yards.