SUMITRA DEVI Vs. ARJAN DASS ARORA

JUDGEMENT

(1.) THIS is landlady's petition whose ejectment application has been dismissed by both the authorities below. Sumitra Devi filed an ejectment application on 26th July, 1979 for ejectment of the tenant from the portion of house No. 1788 situated within the municipal limits of Abohar. The said house was given on rent to the tenant Arjan Dass earlier by Amir Chand, who was owner of the house in dispute. He died on 12th December 1977 and on his death the petitioner being his daughter and respondent No. 5 Smt. Parsanni Devi being his widow succeeded to the property and thus became landladies. The ejectment was sought inter alia on the ground that the tenant had sublet the house in dispute to respondents Nos 2, 3and 4; that the house in question was given for residential dispute to dential purposes but the tenants have changed the building for the purpose of manufacturing washing soap without the consent of the landlord; that the entire building had become unfit and unsafe for human habitation and that the landlady required the premises for her personal use and occupation as she has no other house in the urban area concerned and at present she was residing in the rented house.

(2.) THE application was contested on the ground that the demised premises were rented out for using the same for manufacturing the soap bonafide required the premises for her own use and moreover the premises having been rented out for commercial purpose could not be vacated on this ground. All these pleas were negatived by the Rent Controller. On the question of bonafide requirement it was held that since the premises were let out for business purposes, the landlady was not entitled to seek ejectment on the ground that she bonafide required the same for her own use and occupation. Consequently ejectment application was dismissed. In appeal the learned 'Appellate Authority confirmed the said findings of the Rent Controller and maintained the order dismissing the application. Dissatisfied with the same the landlady has filed this revision petition in this Court.

(3.) IN view of the said Full Bench judgment it is no more disputed that the landlord is entitled to seek ejectment of her tenant from the house in dispute even it was let out for business purpose.