REKHA SHARMA Vs. SHANKER DEVI

JUDGEMENT

(1.) This is a revision Petition by the landlady against the order of the Appellate Authority, Hoshiarpur, dt. May 30, 1983.

(2.) An application for ejectment was filed by her on the ground that she required the premises in dispute for her own use and occupation, as her husband was working as Captain in Merchant Nevy with its registered office at Hong Kong and he had to stay for major part of the year outside the country; she has a son named Ripin Sharma aged about 3 1/2 years whom she had to get admitted in Saint Joseph Convent School Hoshiarpur; she or her husband did not own any property in the urban area of Hoshiarpur since the commencement of East Punjab Urban Rent Restriction Act, 1949 and she had not vacated any residential premises in Hoshiarpur. It is further alleged that the house had been gifted to her by her father Shri Dina Nath vide Gift Deed, dt. Mar. 30, 1979. Since then she had become the landlady and respondents 1 and 2 are tenants under her. In addition to the above, the landlady also claimed ejectment of respondents 1 and 2 on the ground that they were in arrears of rent with effect from Jan. 1, 1980 to Mar. 31, 1981. This ground was later given up, as the rent was paid to her in the Court.

(3.) The application was contested by respondents 1 and 2, who pleaded that the alleged Gift was fictitious and the transaction had been entered into with the ulterior motive to eject the said respondents. It was further pleaded that even if the Gift was held to be genuine, the landlady did not require the property for her own use and occupation, as Shri Dina Nath was in occupation of a huge house having more than twelve rooms, three kitchens and four bathrooms. The landlady was at that time living with her father and she could stay with him. On the pleadings of the parties, the following Issues were framed :