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1989 Supreme(P&H) 809

J.V.GUPTA
Rano – Appellant
Versus
Sh. Kewal Krishan – Respondent


Judgment

J.V.Gupta, J.

1. This is landladys 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. The learned Rent Controller found that there was relationship of landlady and tenant between the parties but since





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