JUDGMENT :

Harkesh Manuja, J.

1. By way of present petition, challenge has been made to the judgment dated 08.09.2015 passed in Rent Appeal No.366 of 17.11.2014 filed at the instance of petitioner-landlady, whereby, an appeal presented by the respondent-tenant, challenging the order of eviction passed by the Rent Controller, Chandigarh on 19.09.2014 came to be allowed.

2. In the present case, dispute relates to the tenanted premises i.e. House No.533, Sector 40-A, Chandigarh, owned by petitioner-landlady.

3. As per the averments, the tenancy started in the year 2004, at the rate of Rs.3000/- per month being the rent with an understanding that an increase of Rs.100/- shall be there on yearly basis. Subsequently, the petitioner-landlady filed an eviction petition inter alia on the ground of personal necessity, stating that she along with her husband is living in House No.533, Sector 40-A, Chandigarh besides his son, daughter-in-law and three grand children as well, whereas the same consists of two rooms only. Relevant para 7 from the eviction petition is reproduced hereunder for reference:-

“That the petitioner and her husband are living in a two rooms house owned by their son, who is liv