DORRIS RANDHAWA Vs. ALANKAR MARKETING ASSOCIATES

JUDGEMENT

(1.) The petitioner, in this petition under Article 227 of the Constitution, has challenged the common order dated 3rd November, 1998 passed by the learned Rent Control Tribunal (hereinafter referred to as the Tribunal) in R.C.A. Nos. 606/98,607/98, 609/98 and 610/98.

(2.) The petitioner is the landlady of the suit premises being P-12, Haus Khas, New Delhi. Some time in April, 1992 she filed a civil suit for possession of the suit premises. According to her, since the rent of the suit premises was Rs. 3,850.00 per month, the premises were out of the purview of the rent control legislation. The respondent hotly contested the civil suit and claimed that the rent of the suit premises did not exceed Rs. 3,500.00 per month and, therefore, the provisions of the Delhi Rent Control Act, 1958 (hreinafter referred to as the Act) were applicable.

(3.) During the pendency of the civil suit, the petitioner filed two eviction petitions in November, 1996. The first eviction petition was filed under the provisions of Section 14-D of the Act and this pertained to the main building in the suit property while the second eviction petition was on the ground of bona fide need under the provisions of Clause (e) of the proviso to Section 14(1) of the Act. This eviction petition was with regard to the garage, servant's quarter and toilet.