RANO Vs. SH. KEWAL KRISHAN

JUDGEMENT

(1.) THIS is landlady's petition whose ejectment application has been dismissed by the two authorities below.

(2.) THE premises in dispute which are part of Bungalow No. 17 was given on monthly rent of Rs. 165/- by Kailash Wati vide rent note dated 28.11.1969 Exhibit A-2. Lateron, Kailash Wati sold the premises in dispute vide registered sale deed dated 9.3.1981 in favour of Rano and Sumitra. They filed the present ejectment application on 7.4.1982 against their tenant Kewal Krishan. The ejectment was being sought, inter alia on the ground that they bona-fide required the premises in dispute for their own use and occupation and they have purchased the same for that purpose. In the written statement the stand taken by the tenant was that the premises in dispute were leased out to him for running a School and as such the same was not the residential building and, therefore, could not be got vacated for personal necessity. Other allegations were also denied. It was also pleaded that there was no relationship of landlady and tenant between the parties.

(3.) DURING the pendency of this petition, the tenant filed an affidavit solemnly affirming that no more personal necessity exits in favour of the landladies because Smt. Rano has died meanwhile and her son Dinesh Chander has been brought on the record as her legal representative. He has now shifted to House No. HK-740 Bhai Randhir Singh Colony Agar Nagar, Ludhiana. Earlier he used to live at H.No F-17 Revenue Colony, Lawrence Road, Amritsar and her husband was passed at Amritsar. Now the husband of the landlady has been posted at Mamdhot District Ferozepur as Superintendent Central Excise and Customs. In reply to the said affidavit the tenant filed his affidavit dated 20.8.1989 in which the said allegations were controverted. It was stated therein "that after the petitioner vacated the Government Quarter No. F-17, Central Revenue Colony, Lawrence Road, Amritsar on account of his posting at Mamdot, District Ferozepur, the petitioner along with his family members shifted to his original House No. 3783/IX-19, Mohalla Balmikian Gate Bhagta Wala District Amritsar, where he has residing when the application for ejectment was filed. It is wrong and, therefore, denied that the petitioner ever shifted to Ludhiana House HJ-740 Bhai Randhir Singh Colony, Agar Nagar, Ludhiana. As a matter of fact, after the petitioner vacated the Government Quater No. F-17, Revenue Colony, Lawrence Road, Amritsar, the petitioner shifted to his original house No. 3783/IX-19 Mohalla Balmikian Gate Bhagtawala, Amritsar, as is clear from the endorsement dated 1.6.1989 regarding shifting to House No. 3783/IX-19 Mohalla Balmikian, Gate Bhagtawala Amritsar made on his ration card by the Food and Supplies Department, Amritsar. Photostat copy of the ration card is attached herewith." The learned counsel for the respondents took time to file rejoinder to controvert the said averments made in the affidavit by landlord Dinesh Chander. But in spite of the opportunity having been given, no counter affidavit controverting the said averments has been filed.