NASIB KAUR Vs. AMARJIT KAUR

JUDGEMENT

(1.) THE petitioner -tenant has been ordered to be evicted by both the Courts below on the ground of personal necessity of the respondent - landlady, from the tenanted premises bearing SCF No. 10, Sector 20 -D, Chandigarh, which is in her occupation on a rent of Rs. 1,000/ - per month, excluding water and electricity charges.

(2.) ADMITTEDLY , the landlady had earlier filed a Rent Application No. 151 of 1987 (hereinafter referred to as the "first petition") for eviction of the petitioner and one Jagat Ram Tailor, under Section 13 of the East Punjab Urban Rent Restriction Act, 1949 (hereinafter referred to as the "Act"), inter alia, on the grounds of non -payment of arrears of rent, personal necessity for residence and occupation of her son who had completed his studies, employed as a Computer Programmer, lives in a rented premises consisting of one room with attached bathroom in House No. 211, Sector 21 - A, Chandigarh and subletting part of the demised premises to Jagat Ram Tailor. In that Rent Petition, issue no.8 was whether the landlady requires the demised premises for personal use and occupation? The said issue was decided against the landlady on the ground that she had sought ejectment of the tenant(s) from the shop -cum -flat, which is a non -residential building and as per the law, the landlady could not have sought ejectment of a tenant from a non -residential building on account of personal use of residence. The order of the Rent Controller dated 19.09.1990, dismissing the eviction petition, was upheld by the Appellate Authority vide its order dated 15.05.1995 and in the CR No. 3983 of 1995, filed by the landlady, this Court passed the following order: -

(3.) IN support of her case, the landlady appeared herself as PW1, examined her son Jatinder Singh as PW2 and tendered lease deed as Ex.P1, whereas the petitioner -tenant examined one Baldev Singh as RW1 and tendered documents Ex.RX and Ex.R -1 to Ex.R -4.