LAWS(P&H)-1988-11-67

SURASTI Vs. KISHORE LAL

Decided On November 07, 1988
Surasti Appellant
V/S
KISHORE LAL Respondents

JUDGEMENT

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

(2.) THE premises, in dispute, are a shop, situated in the municipal limits of Charkhi Dadri. It was under the tenancy of Ude Ram Mahajan, owner of the firm M/s Ude Ram Nand Lal. Ude Ram Mahajan died on January 18, 1979. Shrimati Surasti, the petitioner, is the widow of the said Ude Ram Mahajan. The landlords sought her ejectment on the grounds of non-payment of the arrears of rent; impairment of the value and utility of the premises and that the tenant had ceased to occupy the premises for a period of six months without reasonable cause. The Rent Controller amongst others, concluded that the shop, in question, had remained closed for more than four months after the death of the Ude Ram Mahajan and, thus, ordered her ejectment therefrom. In the appeal before the appellate authority, the said finding was maintained.

(3.) CONSEQUENTLY , this revision petition fails and is dismissed with costs. However, the tenant-petitioner is allowed three months' time to vacate the premises; provided an undertaking in writing is filed with the Rent Controller within one month that on the expiry of the said period, vacant possession will be handed over to the landlords and the rent for that period is paid regularly in advance every month. Revision dismissed.