LAWS(P&H)-2013-7-437

LEKH RAJ Vs. PARKASH KAUR

Decided On July 26, 2013
LEKH RAJ Appellant
V/S
PARKASH KAUR Respondents

JUDGEMENT

(1.) THE tenant is before this court against the orders passed by the courts below, whereby his eviction has been ordered from the premises in dispute. Briefly, the facts are that in the year 1991, the predecessor -in -interest of the petitioner had taken the premises in dispute on monthly rent of Rs. 100/ -. It consisted of two rooms, Dalan and kitchen. The eviction petition was filed on the ground of non -payment of rent and also on the ground of personal necessity. The specific plea taken by the respondent -landlord was that she was residing in a rented accommodation itself. Both the courts below found that need of the landlord was genuine, hence, ordered eviction of the petitioner from the premises in dispute.

(2.) LEARNED counsel for the petitioner submitted that the respondent is an old lady. She wants the petitioner to be evicted from the first floor of the premises in dispute. It is difficult for the respondent to reside on the first floor. He further submitted that the landlord should have sought eviction of the tenant on the ground floor as the same was most suitable for her.