ANIL SINHA Vs. HARDYAL DHILLON

JUDGEMENT

(1.) KANWALJIT Singh Ahluwalia The present revision petition has been filed by the tenant. He is aggrieved against the order passed by the Appellate Authority whereby the judgment passed by the Rent Controller was set aside and ejectment petition filed by the respondent-landlady was accepted and eviction of the petitioner-tenant on the ground of personal necessity was ordered.

(2.) LANDLADY Hardyal Dhillon preferred an eviction petition stating that she was owner and landlady of SCF No. 77, Sector 47, Chandigarh and petitioner was tenant over the first floor except one store adjoining the bathroom of SCF No. 77, Sector 47, Chandigarh. She has further averred that rate of rent of the demised premises was fixed at Rs. 1,000/- p.m. excluding water and electricity charges. It is further averred that conduct of the tenant in paying the rent has been irregular. It was stated that petitioner was aged about 70 years. She along with her husband was staying in United States and in India also i.e. for 8 months in the United States and 4 months in Chandigarh. It was further averred that petitioner's husband was 80 years and was suffering from Cancer and she herself was diabetic and asthmatic and, therefore, they decided to permanently shift in the demised premises at Chandigarh. This assertion made in the eviction petition was disputed by the tenant who caused appearance on serving of the notice and filed written statement, wherein it was stated that premises are not required by the landlady for her own use and occupation. Replication was filed and thereafter following issues were formulated by the Rent Controller :-