SHEELA RANI Vs. KAILASH WATI

JUDGEMENT

(1.) THIS is tenant's petition against whom eviction order has been passed by both the authorities below.

(2.) THE premises in dispute consists of two rooms on the first floor forming part of House No. 995/VI-5 situated in Kucha Roop Chand, Bazar Nar Singh Dass, Amritsar. It was originally rented out to Tirath Ram, who, according to the landlady was paying Rs. 30/- per month as rent besides Rs. 10/- per month towards electricity charges and Rs. 5/- per month towards water charges. After the death of Tirath Ram, his widow, minor daughters and sons became the tenants and started paying rent. According to the landlady, the tenants were in arrears of rent with effect from 1st July, 1979 to 31st October, 1981. The ejectment application was filed on 19th November, 1981. The second ground of ejectment was that the landlady bonafide requires the premises for her own use and occupation.

(3.) THE main controversy between the parties before the Rent Controller was as to the rate of rent. Admittedly, the tenant tendered the arrears of rent at the rate of Rs. 20/- per month on the first date of hearing. The learned Rent Controller found that the rate of rent was Rs. 30/- from June, 1979 though earlier the rent was being paid at the rate of Rs. 20/- per month. Since the tenants tendered the rent at the rate of Rs. 20/- per month, they were liable to ejectment. The ground of personal necessity was also found in favour of the landlady by the Rent Controller as it was held that the landlady needs the demised premises bonafide and in good faith for the residence of herself and her husband who is suffering from heart-trouble and her son Vinod Kumar, who has been transferred from Halwara to Amritsar. In view of these findings, eviction order was passed.