KAMLESH KHANNA Vs. RUPWANTI

JUDGEMENT

(1.) THIS revision petition under Section 24(5) of the Himachal Pradesh Urban Rent Control Act (hereinafter called the Act) is directed against the judgment dated 6.7.1993 passed by the Appellate Authority (District Judge), Shimla whereby the appeal of the respondent-landlady was accepted, the order dated 30.12.1988 of Rent Controller (2), Shimla was set aside and eviction under was passed against the petitioner-tenant on the ground that the premises in her occupation are bonafide required by the respondent-landlady "in order to adjust the family of Kartar Singh" one or her sons.

(2.) THIS case has a chequered history. The premises in dispute are a residential set consisting of one room, one small room, one store, kitchen and bath room in building No. 9, Lower Bazar, Shimla. The building was evacuee property and Shri Hans Raj Khanna, the father of petitioner-tenant, was inducted as a tenant in the premises in dispute by the authorities managing evacuee properties. Later on the building was transferred to Shri Chattar Singh, the husband of the respondent-landlady, and Shri Hans Raj Khanna attorned him as his landlord. Shri Hans Raj Khanna was not heard since October, 1969 and on the expiry of seven years, he was presumed to be dead. In the meantime, Shri Chattar Singh died and the building in question was inherited by his widow Rupwanti, sons and daughters in equal shares. All the sons and daughters have transferred their share in favour of their mother, widow of Shri Chattar Singh, as such she became the sole owner and landlady of the building including the premises in dispute.

(3.) THE eviction petition out of which the present revision petition arises, was filed by the respondent-landlady on 10.5.1984 on the following grounds as stated in para 18(a) of the petition :-