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1992 Supreme(P&H) 765

A.L.BAHRI
Vidyawati – Appellant
Versus
Sarla – Respondent


Judgment

A.L.Bahri, J.

1. This revision petition has been filed by the tenant against the order of the Appellate Authority, Amritsar, dated May 13, 1991, whereby her appeal filed against the order of the Rent Controller was dismissed. The Rent Controller vide order dated December 14, 1988, allowed the application filed under Section 13 of the East Punjab Urban Rent Restriction Act, directing eviction of the present petitioner from the house in dispute.

2. The ejectment of the tenant/petitioner was claimed on two grounds, firstly that the tenant was in arrears of rent and secondly that the house in dispute was required by the landlady for her own use and occupation. The ground of arrears of rent is no more available to the landlady as on the first date of hearing, the arrears along with cost and interest were paid. Since the ground of ejectment of personal necessity was disputed, the following issues were framed :-

1) Whether the respondent is liable to ejectment from the demised premises on the grounds mentioned in para 2 of the petition ?

2) Relief.

3. Both the authorities below came to the conclusion that the landlady bona fide required the premises for her own use and occupation.

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