GANESH MISRA Vs. SAVITA DEVI SAHAJPAL

JUDGEMENT

(1.) THE tenant is in revision aggrieved against the order of ejectment passed by the Courts below. One Guru Dutt Sharma was the owner of House No. 4, Sector 2- A, Chandigarh. The ground floor of the said house has two bed rooms, drawing- dining, kitchen and two toilets, out of which one bed room on the front side is in occupation of the present petitioner, as a tenant. The first floor also consists of two bed rooms. One Sudhir Sharma, is the tenant of the first floor, against whom separate ejectment petition is pending.

(2.) THE respondent-landlady has sought ejectment of the entire house for her bona-fide use and occupation. It is pleaded by the respondent that she was born and married in Nairobi, but the situation in Kenya has become worse and that all the Asians are suffering political wrath of local Africans. Thus, the respondent has sought the eviction of the petitionertenant on the ground that she has no future either in England or European countries and has thus, decided to go to her motherland. It is also pleaded that in fact, the house was owned by her father, Shri Guru Dutt Sharma, who died on 26.1.1967, leaving behind his wife Smt. Vidya Sharma; Vijay Sharma and Harsh Sharma and the respondent. The area in occupation of the petitioner was let out by her mother, who died on 8.5.1992. The respondent has propounded a registered Will, executed by Shri Guru Dutt Sharma, in her favour on 1.6.1966.

(3.) AFTER giving opportunity to lead evidence, the learned Rent Controller returned a finding that in the record of the Estate Office, Chandigarh, the respondent is recorded as a co-owner of the house in question along with Smt. Vidya Devi; Vijay Sharma and Harsh Kumar and, therefore, as a co-owner, she is entitled to seek eviction of the tenant. It also found that the demised premises are required for bona-fide use and occupation of the landlady. In appeal, such finding has been affirmed.