SURMDER KUMAR KAPUR Vs. SUJAN SINGH CHADHA

JUDGEMENT

(1.) The appellant, Surinder Kumar Kapur, has field this Second Appeal against the order of the Rent Control Tribunal, Delhi, dated April 4, 1970, in Rent Control Appeal No. 1083 of 1968, whereby the Tribunal reserved the order of the Rent Controller, Delhi, dated November 28, 1968,. dismissing .in application filed by the respondent herein tor eviction of fie appellant herein from the premises in question.

(2.) The respondent herein is the landlord in respect of the premises bearing No. 11/25-B, Gurdwara Road, Tilak Nagar, which consists of two rooms with a verandah in front of each room, a kitchen and two Court-yards in the front and at the back of the premises. He filed an application in the Court of the Rent Controller, Delhi, on March 20, 1968, under clause (e) of the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act No. LIX of 1958, praying for the eviction of the appellant herein, who was his tenant in respect of a portion of the aforesaid premises. He alleged in his application that the said portion of the premiss was let out to the appellant herein on November 1, 1963, for a monthly rent of Rs. 42.50, but a rent-note was executed only on January 1, 1965, that he required the said portion for his personal need and that of the members of his family dependant on . him, that the accommodation shown as 'A' in the plan attached to his. application was wholly inadequate for the residence of his family, that he had children of marriageable age. and that he had no other reasonably suitable residential accommodation. He also alleged that a notice under section 106 of the Transfer of Property Act terminating the tenancy of the appellant herein was given by him by registered post on January 22, 1968, but the appellant herein avoided to take delivery as per the endorsement of the Postman on the back of the registered envelope in which the notice was sent to the appellant herein, that a copy of the said notice was pasted on the outer door of the appellant herein in the presence of two witnesses, Davinder Singh and Ram Chand of Tilak Nagar, and that a copy of the notice, the original registered envelope and a copy of the notice showing the service of the notice by pasting on the door of the tenant's portion testified by two witnesses were filed along with the application. He further alleged that the tenant. appellant herein, did not pay arrears of rent since December, 1967, and water charges since January 1. 1964, at Rs,3.00 per month He prayed that an order for recovery of possession of the premises in question may be passed in his favour.

(3.) The appellant herein filed a written statement in which he contended that the rent of Rs. 42.50 per month included water charge" also, that the respondent herein did not bonafide require the premises in question for his personal need or that of any member.-- of his family dependent upon him. that the accommodation already in his possession was much more than his requirements and the respondent herein and his family were habituated to reside therein, and that the respondent's children were not of marriageable age. He also alleged that the appication for eviction was mala fide and the sole motive of the respondent herein in filing the same was to get the portion in his occupation vacated and then let out the same on higher rent. He further alleged that not notice as alleged in the application or otherwise was ever served upon or tendered to him, and that no notice was pasted as alleged in the application.