SMT. CHHATAR KAUR Vs. THAKAR NAVEEN CHAND

JUDGEMENT

(1.) This is a tenant's revision again the concurrent orders of the Courts below ordering her eviction from the premises on the grounds of bonafide necessity of the landlord and sub-letting.

(2.) Thakar Naveen Chand filed an application for ejectment of Smt. Chhatar Kaur tenant from the house on the grounds of non-payment of rent, sub-letting, personal requirement and its becoming unfit and unsafe for human habitation. The allegations of the landlord were denied by the tenant and she pleaded that previously also an application against her was filed on the grounds of personal necessity and sub-letting which was dismissed in 1953 and the judgment in that case operated as res judicata between the parties on these two grounds. Some other pleas were also taken which need not be noticed in this judgment as they do not arise for consideration in this revision. On the contest of the parties, the following issues were framed :-

(3.) Shri Harinder Singh, appearing for the petitioner was not able to persuade to take a different view under issues No. 1 and 2 with regard to personal necessity and sub-letting as he was unable to point out any material on which a different view was possible. The grounds of personal necessity and sub-letting are clearly established from the unrebutted material on record and unless it is shown that the findings are palpably erroneous either on the basis of the material on record or in law, I am not inclined to interfere with the concurrent decisions of the Courts below Accordingly, I have no option but to uphold those findings.