KRISHAN LAL Vs. DEVKI

JUDGEMENT

(1.) The petitioner filed a Civil Revision Petition under provisions of Section 25- B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) directed against the order dated 22nd September, 1998 passed by the learned Additional Rent Controller in Suit No. E-976 of 1991.

(2.) The respondent/landlady, alongwith her two sons, had earlier filed a petition for evicting the petitioner/tenant from the same premises, as in this case, bearing No. XVII/2178/2, Khanpur, New Delhi (hereinafter referred to as suit premises). This eviction petition (being Suit No, E-205 of 1991) was filed claiming the benefit of proviso (c) to Section 14(1) of the Act, namely, that the petitioners theren required the premises bona fide for their residence. This petition was dismissed by an order dated 4th July, 1991.

(3.) While dismissing the earlier eviction petition, the learned Additional Rent Controller, found that the present respondent was the landlady of the suit premises which was owned by her two sons. It was also held that the landlady was in possession of reasonably suitable accommodation bearing No. 2401/2, Shadipur, New Delhi. It is necessary to point out that the landlady had submitted through her Counsel, a "Short notes of arguments" dated 11th April, 1991 reiterating that she was living in premises bearing No. 2401/2, Shadipur, New Delhi. This is of some significance as will be clear a little later.