RAM PARKASHMALI BAI Vs. MALI BAI

JUDGEMENT

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

(2.) THE landlord Smt. Mali Bai sought ejectment of her tenant Ram Parkash from the demised premises which is a part of a building, on the ground of personal necessity. In the written statement, the tenant took up the plea that there was no relationship of landlord and tenant between the parties and hence, the application, as such, was not maintainable. The learned Rent Controller found that the tenant was inducted by the late husband of Smt. Mali Bai, landlady. On his death, she, being the widow and her sons inherited the premises in dispute. She also stated that her husband had executed a will in her favour and that of her sons. In view of that finding, it was held that relationship of landlord and tenant existed between the parties. On the question of bonafide requirement it was held that the landlady bonafide required the premises for her own use and occupation. Consequently, eviction order was passed. In appeal, the learned Appellate Authority affirmed the findings of the Rent Controller and thus, maintained the eviction order. Dissatisfied with the same, the tenant had filed this revision petition.

(3.) THE learned counsel for the petitioner submitted that since the question of relationship of landlord and tenant was not decided by the learned Appellate Authority, it is a fit case which should be remanded back for proper decision. Moreover, argued the learned counsel, since the relationship of landlord and tenant was being denied, it was for the civil Court to decide the matter.