KISHAN CHAND Vs. V.K. DHAWAN

JUDGEMENT

(1.) THE present revision petition has been filed by Kishan Chand (hereinafter described as 'the petitioner') directed against the order passed by the learned Rent Controller, Faridkot dated 20.3.1996 and that of the Appellate Authority, Faridkot dated 12.3.1998. The learned Rent Controller had passed an order of eviction against the petitioner which was upheld by the Appellate Authority. Hence, the present revision petition.

(2.) THE relevant facts are that Rakho Devi and Suhag Wanti had filed a petition for eviction alleging themselves as landlord of the property. Rakho Devi has died during the pendency of the eviction application. Respondents 1 to 4 are her legal representatives. The petitioner is the tenant in the demised property. It was contended that he is a tenant at a monthly rent of Rs. 150/- and has not paid the arrears of rent w.e.f. 1.10.1989 onwards. The plea was also raised that Suhag Wanti is living at Ferozepur with her son Yash Pal. Her relations with her son are not cordial. She, therefore, requires the property for her own residence and that she has not vacated any house in any part of India. So far as requirement of Rakho Devi is concerned, it had come to an end with her death.

(3.) THE learned Rent Controller had framed the issues. It was held that rate on which the respondents claimed the rent was not due. There was a legal and valid tender. However, it was held further that the landlord Suhag Wanti bona fide required the property in question and on the said ground an order of eviction was passed against the petitioner which was upheld by the learned Appellate Authority.