NATHIA DEVI Vs. NAND KISHORE

JUDGEMENT

(1.) THIS is landlady's petition whose ejectment application has been dismissed by both the authorities below.

(2.) ORIGINALLY , Man Singh etc. were the owner-landlords of the premises in dispute. They sold the same vide registered sale deed dated 14.7.1982 to Smt. Nathia, who became its owner-landlady qua the tenant Nand Kishore. The house is question bearing No. 1006 consists of four rooms, a Varandha and Kitchen etc. At the time of sale deed, it was being occupied by four tenants. The landlady filed the present ejectment application on 21st May, 1983, inter alia, on the grounds that she bonafide required the premises for her own use and occupation. At present her family consists of eleven members which also includes the family of his one married son. At present she was in occupation of only one room which was not sufficient for her accommodation. The tenant Nand Kishore is in occupation of two rooms. In the written statement, the tenant denied the relationship of landlord and tenant between the parties. He further pleaded that the accommodation already available with the landlady is sufficient for her and other members of her family and in any case, she has many houses in Karnal. So the petition is mala fide.

(3.) LEARNED counsel for the petitioner submitted that keeping in view the number of the members of the family and present accommodation in occupation of the landlady, her requirement was bonafide. According to the learned counsel, as a matter of fact, for having comfortable living, she purchased the house in dispute in July, 1982. At the time of sale, she was residing in one rented room. Later on two rooms were vacated by two tenants in the house in dispute which were occupied by her and she is now in occupation of two rooms vacated by Thakar Dass and Ram Parshad tenants. On the other hand, the learned counsel for the tenants submitted that she has got other houses also in the Urban Area concerned, rather she is in the habit of purchasing houses and selling the same subsequently.