LAL CHAND Vs. RADHA KRISHAN

JUDGEMENT

(1.) The respondent Radha Krishan who owns house No. 142, Katra Mashru, Delhi let out a portion thereof consisting of five rooms on the ground floor and two rooms on the second floor to one Lal Chand. He filed suit No. 42 of 1958 in the Court of the sub-Judge, Delhi for evicting Lal Chand and four others:Kesho Ram, Jhangi Ram, Nand Lal and Smt. Kakibai, alleging that Lal Chand had sublet the premises to them. The eviction of these persons was sought by the respondent on the grounds that (1) he required the premises for his own use and occupation; (2) he wanted to provide certain essential amenities for himself necessitating re-construction; and (3) that the tenant was in arrears of rent. By his judgment dated June 6, 1959 the learned Sub-Judge, First Class, Delhi decreed the suit on the first ground only and rejected the other two contentions. In an appeal filed by the defendants, the learned Senior Sub-Judge, Delhi confirmed the finding of the Trial Court that the accommodation at the disposal of the respondent was insufficient, but he thought that the needs of the respondent would be met adequately if he were given possession of the two rooms on the second floor only. Feeling however that there was no provision in the Delhi and Ajmer Rent Control Act, 1952, under which the suit was filed, for giving possession of a part of the demised premises to the landlord, the learned Judge confirmed the decree of the Trial Court. The Circuit Bench of the Punjab High Court at Delhi upheld that judgment on 6-2-1962 in Civil Regn. No. 609-D of 1960 on the ground that the landlord required the entire premises for his personal use and occupation.

(2.) Since the suit property is situated in a slum area, the respondent filed an application under Section 19 (2) of the Slum Areas (Improvement and Clearance) Act, 96 of 1956, for permission of the competent authority to execute the decree for possession obtained by him against Lal Chand and others. The competent authority after taking into account the factors mentioned in Section 19 (4) of that Act, passed an order permitting the respondent to execute the decree in respect of the two rooms situated on the second floor only. Respondent was expressly refused permission to execute the decree in regard to the premises situated on the ground floor.

(3.) Aggrieved by that order, the respondent filed an appeal to the Administrator under Section 20 of the Slum Clearance Act, 1956. The appeal was heard by the Chief Commissioner of Delhi who confirmed the order of the competent authority. Pursuant to his order, the defendants handed over possession of the two rooms on the second floor to the respondent.