NARANJAN DASS SOOD Vs. SMT. VIDYA WATI

JUDGEMENT

(1.) Naranjan Dass, the tenant, has filed this revision petition against the order of Appellate Authority, Amritsar. The landlady Smt. Vidya Wati filed an application for ejectment of the petitioner before the Rent Controller on the ground that she needs the house for her own use. She also alleged in the application that she was married to one Ram Nath and that till two years ago she resided with her husband in East Africa as her husband was in the service of Great Britain and serving in East Africa that on account of some reasons they had to leave East Africa and make arrangement of their residence in Amritsar. That the demised premises were gifted to her by her father. It was also pleaded that she was not in occupation of any other building, nor she has vacated any in the urban limits of Amritsar. Notice was also issued to the tenant.

(2.) Her claim was contested by the present-petitioner and the allegations were controverted. The parties contested on the following issues :-

(3.) I have pursued the order of the Appellate Authority, Mr. Ram Singh Bindra, the learned counsel for the petitioner canvassed before me that the two requirements on which the eviction was sought for are not complied with. His contention is that the landlady did not require the premises for her own use and her claim is not bonafide, as she was already in occupation of the house of her husband. I do not find any merit in this contention. Admittedly, she is living in the house of her husband, but her husband's house cannot be considered as her own house in her own right. It is in her statement that the house where she is living is not enough for her use and occupation and that she has four sons, who have to come to India and live at Amritsar. This court in an earlier Judgment reported as Jaswant Singh v. Jai Ram Singh,1973 PunLR 9 held as under :-