J CHATTERJEE Vs. MOHINDER KAUR UPPAL

JUDGEMENT

(1.) Leave granted.

(2.) The appellant who is in occupation of the ground floor of the building K. 37-C, Kailash Colony, New Delhi, as a tenant has filed this appeal assailing the judgment passed by the Delhi High Court dismissing his Revision Petition and confirming the order of the Additional Rent Controller, Delhi, directing his eviction from the premises.

(3.) The respondent No. 1 who is a widow and her son (respondent No. 2 herein) filed a petition under Section 14-D read with Section 25-B of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'Act') for eviction of the appellant from the premises in question on the ground of personal requirement. In the petition it was stated, inter alia, that the respondent No. 1 is an aged lady, aged about 62 years, and she is suffering from various ailments including arthritis; that the widowed mother of the respondent No. 1 who is aged about 90 years is also residing with her and she is also suffering from various ailments including arthritis; that both these ladies have difficulty in climbing up the stairs to reach the first floor of the building. It was further averred in the eviction petition that the only son of respondent No. 1 who is aged about 27 years is to get married and, thereafter, the couple will occupy the first floor and the two old ladies will need the ground floor for their occupation. It was also stated in the petition that the respondent No. 1 has three married daughters who visit her from time to time and her two married sisters who reside in the United States of America also come to see her occasionally. On these averments, the respondents sought immediate eviction of the tenant from the ground floor of the house following the special procedure laid down in Section 25-B of the Act.