Law:

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In anticipation Of the appellant's counsel appearing, I have heard Mr. Abbas Ali, for the respondent. The eviction was sought on the grounds of default and personal requirement of the appellant-landlady. She failed on both the grounds before the learned Controller.

Possibly the finding on the question of default by the learned Controller may have been sustainable. However, on the question of personal requirement of the landlady herself and her children, who, according to her, were grown-up and required independent accommodation, the learned Controller has found that because the landlady was putting up with her husband, where the accommodation owned by such husband was sufficient, she was disentitled to claim eviction from the disputed property. Mr. Abbas Ali has also pointed out that at the time of the landlady's examination in January, 1989 her son was 16 years of age and her daughter only 14 years. This was established through the relevant birth certificates.