SWEETY Vs. RAKESH KUMAR

JUDGEMENT

(1.) This petition has been filed against the order of the Appellate Authority reversing that of the Rent Controller and thereby dismissing the Civil Revision No.3648 of 2006 (O&M) petition filed by the petitioners -landlord for the eviction of the respondents on the ground of non -payment of rent, subletting and personal necessity.

(2.) Learned Senior Counsel has argued that the petitioners had alleged that the shop in dispute was required by the petitioner No.2 who is sister in law (Bhabhi) of the petitioner No.1 being the wife of his deceased brother and once the petitioner No.1 had appeared and testified to the bona -fide needs of the petitioner No.2. the Appellate Authority wrongly discarded this evidence. In this connection he has relied upon the decision of the Supreme Court of India in Man Kaur (dead) by LRs Vs. Hartar Singh Sangha 2010 (10) SCC 512, wherein their Lordships held as follows: -

(3.) As per learned Senior Counsel, the petitioner No.2 being young widow at that time and petitioner No.1 being her brother in law and duly constituted attorney, his evidence could not have been rejected. The second ground taken by the Appellate Authority was that it was not disclosed as to what business was to be started in the shop in dispute by the landlord. In this connection he has relied upon Luxmi Devi Vs. Ravinder Kumar and other 2015 (2) RCR (Rent) 511, wherein this Court has held as follows: -