LAWS(P&H)-1969-11-16

SMT. CHANDRA WATI Vs. NARAIN DASS

Decided On November 06, 1969
Smt. Chandra Wati Appellant
V/S
NARAIN DASS Respondents

JUDGEMENT

(1.) .This order will dispose of two connected Civil Revision petitions Nos. 64 and 67 of 1968. Counsel for the parties agree that the decision in the former revision will govern the latter as well. So I will refer to the facts of Civil Revision No. 64 of 1968.

(2.) HOUSE No. 2962/2 is situate in Amritsar City and it was an evacuee property. In January 1965, it was purchased by Shrimati Chandravati, Petitioner, in an open auction for Rs. 6,000/ -. After the bid WAS confirmed, a sale -deed was executed by the Government in her favour in the month of February of the same year. Narain Das (Respondent in Civil Revision No. 64 of 1968) and Har Sahai (Respondent in Civil Revision No. 6/ of 1968) were the tenants under the Custodian of two separate portions of this house. In June 1965, Chandravati filed separate applications for ejectment against the tenants on a number of grounds, but, we, in this revision, are concerned with only two of them. Firstly, that the premises were bona fide required for the use and occupation of the landlord herself and, secondly that the house was unfit for human habitation and the landlord intended to rebuild it.

(3.) THE application was contested by the tenant on a number of grounds, which gave rise to the following issues: