SUMITRAN DEVI Vs. BILU RAM

JUDGEMENT

(1.) THIS revision under Section 15(5) of the East Punjab Urban Rent Restriction Act, 1949 (for short, "the Act") is directed against the judgment dated 25.3.1992 of the Appellate Authority (exercising the powers under the Act) allowing appeal of Bilu Ram respondent (landlord) against the order dated 16.2.1990 regarding dismissal of his ejectment petition under Section 13 of the Act by the Rent Controller.

(2.) THE respondent herein had sought ejectment of the petitioner on two grounds, viz. non-payment of rent and personal necessity. Facts pleaded by the parties in respect of the ground of non-payment of rent, need not be stated here, as the Rent Controller and so also the Authority under the Act recorded finding with regard thereto, in favour of the petitioner herein. In so far as the other ground, viz. of personal necessity, is concerned, case of Bilu Ram is that his family consists of seven members, viz. self, wife and five children. The premises in possession of his family consist of only one room and a kitchen. His children have since grown up and as such, they require separate accommodation for studies. He, therefore, pleaded that is in bona fide need of the room which is at present in the occupation of the petitioner and was initially let out to latter's husband (since deceased) somewhere in the year 1979 when his (of respondent) children were small. He further pleaded that he does not own or possess any other residential house, nor he had ever vacated any such house, without any reasonable cause, after the commencement of the Act.

(3.) THE Rent Controller held that the petitioner was not in bona fide need of the tenanted premises. The Appellate Authority having upset this finding and having consequently ordered ejectment of the petitioner, she filed the present revision.