KAMAL TANAN Vs. M L VASISHTA

JUDGEMENT

(1.) In this appeal by special leave, the findings recorded by the learned rent Controller and the order of the High Court of Delhi upholding those findings, dismissing the eviction petition filed by the landlord, are put in issue.

(2.) The appellant landlord filed a suit on the ground of bona fide requirement of the premises under Section 14 (1) (e) of the Delhi Rent Control act, 1958. The case of the appellant was that she required the premises for her own residence as well as for the residence of her husband, who was due to retire from army service in May 1979 and was till then in occupation of government accommodation.

(3.) Prior to the filing of this eviction suit by the appellant, it transpires that there was some dispute with regard to the shares in Property No. 16-A/5, western Extension Area, Karol Bagh, New Delhi, owned by late Shri M. L. Malhotra, who died in the year 1969, between his two sons and two daughters. In the Partition Suit No. 810/77, the High Court of Delhi passed a decree on 19-9-1977, apportioning the properties between the two sons and the two daughters. The portion of the property which fell to the share of the appellant, under the partition decree, was the one which was tenanted by the respondent. The decree in the partition suit dated 19-9-1977 became final as no challenge to it was made by any of the parties.