DAULAT RAM Vs. ROOP RANI

JUDGEMENT

(1.) ROOP Rani respondent is the owner land-lady of the rented land detailed in the petition and situate in the main bazar, Pathankot, which is in occupation of a petitioners as a tenant at Rs. 18/- per month. In June, 1977, the respondent filed an ejectment petition against the petitioners from the rented land on the grounds of non-payment of arrears of rent and for personal requirement. The arrears of rent etc. was tendered by the petitioners on the first date of hearing and the ground relating thereto was given out. The petitioners denied that the respondent requires the rented land bonafide for personal use and occupation.

(2.) THE Rent Controller framed the following issues :-

(3.) THE respondent had stated in her petition that she requires the rented land in dispute for personal use and occupation and she wants to erect a shop over it and start some business. The respondent appeared as a witness in support of her petition. She stated that she is not in occupation of a vacant shop or vacant land (urban) in Panthankot. She will construct a shop over the rented land in dispute. Her husband is dead and she has no male issue. The rented land in dispute is situate in the main bazar. In her cross-examination, she stated that she owns four other shops which are in occupation of the tenants. Her total monthly income from rent is Rs. 200/- which is not sufficient for her maintenance. Daulat Ram petitioner also appeared as a witness. He stated that he has constructed a shop on the rented land in dispute and is running Karyana business therein. In his cross-examination he stated that he is in occupation of the rented land in dispute for the last 28/29 years and the husband of the respondent is dead.