SOHAN DEVI Vs. PARKASH CHANDER

JUDGEMENT

(1.) ON 15.12.1976, Smt. Sohan Devi filed a petition for ejectment of Parkash Chander tenant from a residential house in Chandigarh on the ground of personal necessity amongst others. The only ground pressed during the trial was of personal necessity. The Rent Controller and the Appellate Authority did not find any merit in the petition and dismissed the same. This is landlady's revision in this Court.

(2.) HOUSE No. 522, Sector 18-B, Chandigarh was constructed on two Kanal plot measuring 1000 Sq. Yards by the landlady whereas she used to live in Jullundur City where her husband was practising as a Doctor. The house was let out to the tenant originally at the rate of Rs. 195/- per month. The rent was raised to Rs. 310/- per month with effect from 1.8.1968, then to Rs. 375/- with effect from 1.10.1970 and finally to Rs. 425/- with effect from 1.2.1971. Earlier to the present ejectment petition, the landlady had filed a petition for ejectment on the ground of personal necessity on 7.12.1973 which application was dismissed by the Rent Controller on 24.9.1974. The husband of the landlady died on 13.2.1975. In the present ejectment petition, the following facts were stated to seek eviction on the ground of personal necessity :-

(3.) WHEN evidence has led, the reason to shift to Chandigarh from Jullundur City was shifted from the pleas taken in the ejectment petition. Thus will be clear from the statement of the landlady who appeared as A.W. 1. The true translation of the relevant portion of the same is as follows :-