LAWS(P&H)-1999-10-36

MANPREET ARORA Vs. JAGAN NATH

Decided On October 26, 1999
MANPREET ARORA Appellant
V/S
JAGAN NATH Respondents

JUDGEMENT

(1.) The present revision petition has been filed by Mrs. Manpreet Arora, hereinafter described as "the petitioner" directed against the judgment of the learned Appellate Authority, Chandigarh, dated 23.9.1991. By virtue of the impugned judgment, the learned Appellate Authority had set aside the order of the learned Rent Controller, Chandigarh dated 31.5.1989 and instead dismissed the petition for eviction filed by the petitioner.

(2.) The relevant facts are that the petitioner seeks eviction of the respondent from the property in question. It was asserted that the property in question had been let to the respondent at a monthly rent of Rs. 600/- and that the petitioner requires the suit premises for her own use and occupation. She has two school going children and she wants to settle along with them at Chandigarh. Her husband was in the Air Force and has to shift frequently from one place to another. She pleaded that she does not occupy any other building in the urban area of Chandigarh nor has she vacated any such building without any sufficient cause.

(3.) The respondent contested the petition for eviction. The relationship of landlord and tenant was denied. According to the respondent, the house was owned by Surinderjit Kaur and Manpreet Arora. The petitioner was only one of the co-owners and not the landlady. It was denied that the petitioner bona fide require the demised premises for herself and for members of her family referred to above.