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1977 Supreme(P&H) 204

D.S.TEWATIA
Sada Nand – Appellant
Versus
Saroj Devi – Respondent


Judgment

D.S.Tewatia, J.

1. Saroj Devi, respondent herein, (hereinafter referred as `the land-lady) sought ejectment of Sada Nand, petitioner here in (hereinafter referred as `the tenancy), from the disputed premises, which consist of a Kotha and a Verandah inter alia on two grounds i.e. (i) that she need the premises for her personal bona fide use and occupation, and (ii) that the tenant had fallen in arrear so far as the Kotha is concerned to the extend of Rs. 48 at the rate of Rs. 4 per mensem with effect from July 1, 1971 to June 30, 1972 and in regard to Verandah to the tune of Rs. 448 at the rate of Rs. 7 per mensem with effect from March 1, 1967 to June 30, 1972. The learned Rent Controller allowed the application on both the grounds and ordered ejectment of the tenant. On appeal, at the instance of the tenant, the Appellate Authority sustained the order of the Rent Controller on the ground of non-payment of arrears, for it found that the tender made on the first date of hearing was inadequate and thus invalid, and concurred with the order of ejectment, although on the other ground pertaining to the personal necessity of the landlady it had reversed the finding of the Rent Co







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