TRIPTA SONI Vs. S.P. JAIN

JUDGEMENT

(1.) THIS is landlady petition in whose favour eviction order was passed by the Rent Controller but was set aside in appeal.

(2.) THE landlady Smt. Tripta Soni sought ejectment of her tenant S.P. Jain for House No. 1839 ground floor, Sector 22-B, Chandigarh inter alia on the ground that she bonafide required the premises for her own use and occupation. According to the landlady at present she was living in England along with family for the last 18 years. She has got three children therefore now wants to settle in India permanently along with her husband and also wants to provide Indian education to her children. Moreover, her husband's brother who was in England has now settled permanently at Chandigarh. There are three tenants in the house in question and Shri S.D. Sharma is occupying one back room, kitchen on the first floor and has agreed to vacate one back room and kitchen on the first floor. Thus she requires the entire building for her bonafide use and occupation and for her family members. In the written statement, the tenant denied these allegations and pleaded that the landlady was permanently settled at Birmingham and the present petition is mala fide being based on extraneous consideratin to extract further enhancement of rent.

(3.) EARLIER notice of motion was issued but in spite of service the tenant never appeared, and the petition was admitted. Then notice for farzi date actually served on the tenant on 31.7.1986. Later on the notice for actual date i.e. 2.12.1986 was issued. Inspite of that no one has appeared on behalf of the tenant and thus under the circumstances he is proceeded ex parte.