SANTOSH JAIN Vs. MAYA WANTI

JUDGEMENT

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

(2.) THE landlady Smt. Maya Wanti (now deceased) sought the ejectment of her tenants primarily on the ground that she bonafidely required the premises in dispute i. e. first floor of the house in dispute, consisting of 2 rooms a verandah and a kitchen for her own use and occupation. The application was filed on 10.3.1979 and the learned Rent Controller passed the eviction order on 29.1.1980. The said order was maintained in appeal by the Appellate Authority vide its order dated 12.2.1982. Dissatisfied with the same, the tenants have filed this petition in this Court.

(3.) IT is not disputed that there are 7 rooms on the ground-floor. The learned Rent Controller had discussed the entire evidence and has given a firm finding that even if one or two rooms are not in a good condition they can be made fit for living after necessary repairs. According to the learned counsel for the landlady (now deceased) room No. 6,7 and 9 and kitchen on the ground-floor are in dilapidated state and are not worth human habitation on as found by the Expert in his report Er. AW2/A, and keeping in view the status of the family as her son has retired as Class I Officer, the accommodation the ground floor was inadequate. Thus argued the learned counsel, could not be accepted as such.