RAM NIWAS JAIN Vs. BIMAL PRASAD JAIN

JUDGEMENT

(1.) The appellant filed a second appeal under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act) directed against the order dated 15th February, 1985 passed by the learned Rent Control Tribunal, Delhi (hereinafter referred to as the Tribunal) in RCA No. 980 of 1984.

(2.) The case set up by the appellant was that he as entitled to evict the respondent and obtain possession of the suit premises in view of Clauses (b), (c) and (e) of the proviso to Section 14(1) of the Act. Insofar as the case under Clauses (b) and (c) are concerned, the same was given up and what has eventually survived is the case under Clause (e) of the proviso to Section 14(1) of the Act. The same reads as follows:

(3.) In his order dated 14th September, 1984, the learned Additional Rent Controller came to the conclusion that from a perusal of the site plan Ex. AW 1/1, the appellant was in occupation of one room measuring 17' x 7' 8" alongwith bath and courtyard on the ground floor. On the first floor, the appellant had one room measuring 12'8" x 8'4", one room measuring 17' x 6'8" (with an attached store-room) and another room measuring 9'4" x 7' (used as a kitchen) alongwith toilet and covered area above the courtyard. In view of the accommodation available, the learned Additional Rent Controller came to the conclusion that the appellant has sufficient accommodation in his possession and occupation and his requirement fur additional accommodation was not bonafide. Accordingly, the learned Additional Rent Controller dismissed the eviction petition filed by the appellant.