SARLA CHOPRA Vs. GANESH RAM

JUDGEMENT

(1.) ON 12th October, 1977 the landlady filed an application for eviction under Section 13 of the Haryana Urban (Control of Rent and Eviction) Act, 1973, to seek the eviction of the tenant on the ground of personal necessity. The exact averment in the petition was as follows :

(2.) THE landlady alongwith her husband, two unmarried sons and one unmarried daughter was living on the first floor consisting of three rooms out of which one room was being used as a kitchen because there was no separate kitchen. The ground floor consisting of 4 rooms was in occupation of three different tenants. After the filing of the ejectment petition, one of the tenants vacated two rooms without litigation and another tenant vacated one from after the order of ejectment was passed on the ground of personal necessity of the landlady. The second tenant who was in occupation of the fourth room, with whom we are concerned in this case, contested the ejectment petition and his reply to the aforesaid averments was as follows :

(3.) AFTER hearing the learned counsel for the parties and on perusal of the entire record, I am of the considered view that the landlady has made out her need to occupy the entire accommodation on the ground floor including the room in possession of the tenant. Plan Exhibit AW-3/2 on the record shows that the there are 3 rooms on the first floor with the dimensions 10-1/2'x11-3/4', 10-1/2'x11-1/4' and 13-1/2'x9-1/4'. There is no separate kitchen or bath room, on the first floor. However, there is a small varandah and some open space. In the ground floor, besides 3 rooms of the aforesaid dimensions there is one more room underneath the varandah and the open space on the first floor. The size of this room is 13-1/2'x10-1/2'. The tenant occupies the room measuring 13-1/2'x9-1/2'. Even on the ground floor there is no separate kitchen or bath room either for the tenant or with the landlady who occupies the remaining rooms.