LAWS(SC)-1994-7-49

ANAND SWAROOP VOHRA Vs. BHIM SEN BAHRI

Decided On July 21, 1994
Anand Swaroop Vohra Appellant
V/S
Bhim Sen Bahri Respondents

JUDGEMENT

(1.) Special Leave granted.

(2.) This appeal is directed against the judgment and order of the Delhi High Court dated April 27, 1992 dismissing the application filed by the appellant under Section 25-B(8) of the Delhi Rent Control Act, 1958 (Act for short) for revision of the order of the Rent Controller, Delhi dated February 14, 1992 rejecting his application for recovery of possession of his tenanted premises made on the ground specified in Section 14-C(1) of the Act.

(3.) The appellant and his brother, the respondent No. 2 herein, are the owners of house No. 65/11, New Rohtak Road, New Delhi. They let out its entire ground floor (except the garage) to the respondent No. 1 (hereinafter referred to as the tenant) in 1959 at a monthly rental of Rs. 300/-. The appellant, who was an employee of the Central Government, retired on April 30, 1987 and shifted, consequent thereto, from the Government quarters allotted to him, to the first floor of the house. The respondent No. 2, who was also an employee of the Central Government, had earlier shifted to the first floor on his retirement in 1982. Thereafter in 1989 he (the appellant) filed an application under Section 25-B(1) of the Act read with Section 14-C(1) of the Act before the Rent Controller, Delhi seeking eviction of the tenant on the ground that the accommodation available to him and his family members on the first floor was not sufficient.