PUSHKAR SINGH Vs. ANSUIYA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal has been filed against the impugned judgment and order of the learned Single Judge of the Delhi High Court dated 7.7.2003 by which the Civil Miscellaneous (Main) Petition No. 151 of 2002 of the respondent was allowed and the order of the Additional Rent Controller dated 19th October, 2001 directing eviction of the tenant from the premises bearing flat No. 215-A, Type-B, Ground Floor, opposite GTB Hospital, Nand Nagari, Delhi under Section 14(1)(e) of the Act was set aside. Heard learned Counsel for the parties.

(3.) The appellant filed a petition under Section 14(1)(e) of the Delhi Rent Control Act against his tenant Ansuiya, the respondent herein. The flat in question comprises of two rooms, bathroom, kitchen, latrine and courtyard which the appellant had let out to the respondent in the year 1990. In his petition under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, the appellant contended that his family comprises of himself, his wife, two sons, three daughters who are dependent upon him for the purposes of residence. He further stated that his elder son got married on 21.7.1998 and that he required one room for himself and his wife, one room for his son and his family, one drawing room and one study room, one worship room and one guest room. The appellant further stated that his daughter Archna is employed and his second daughter completed BAMS and the third daughter is a student of B.Sc and that his married son and daughter-in-law are doing graduation and the younger son is a student of Physiotherapy. He further stated that the accommodation presently available with him is not sufficient for the purposes of residence and as such he requires the flat in question, under the tenancy of the respondent bona fide for the purpose of residence. The appellant also stated that the flat in question was let out to the respondent for the purpose of residence. In the light of these submissions, the appellant filed the petition and prayed that an eviction order be passed in his favour and against the respondent, under Section 14(1)(e) the Delhi Rent Control Act.