JAGAN NATH Vs. TNBENI DEVI

JUDGEMENT

(1.) This Second Appeal has been filed by Jagan Nath, a tenant, against the judgment and order of Shri M. L, Jain, Rent Control Tribunal, Delhi, dated 6th March, 1969, in Rent Control Appeal No, 691 of 1968. whereby the Tribunal reversed the order of the Additional Rent Controller, Delhi, and directed the eviction of the appellant from the premises in dispute under the provision in clause (e) of the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act, 1958.

(2.) The premises in dispute consists of 3 small rooms on the ground floor of House No. 504 situate in Katra Neel, Chandni_Chowk, Delhi, which originally belonged to one Shri Mukh Ram.' It was purchased by Shri Mukh Ram in the year 1937. Before his death. Shri Mukh Ram made a will, a copy of which is Exhibit A-3, whereby the house in question, along with other properties, was bequeathed to his wife, Shrimati Tribeni Devi, as a limited estate, while full rights of ownership were conferred on his grandsons. Shrimati Tribeni Devi obtained Letters of Administration on the basis of the will. It was provided in the will that Shrimati Tribeni Devi should be the owner in possession of the property, that she would not be entitled to dispose of it, that after the death of Shrimati Tribeni Devi all the four sons of the testator would be co-owners in equal shares, but they would also not be entitled to sell or mortgage or dispose it of in any other way, and that the grand sons of the testator should have the right of disposal over the property. The order granting the Letters of Administration is Exhibit A-1, dated 13th October, 1947, and a copy ot the Letters of Administration is Exhibit A-2.

(3.) The appellant, Jagan Math, executed a rent deed (Exhibit A-7) in respect of the three rooms in dispute on 15th July, 1942, in favour of Shri Mukh Ram, and the tenancy thus commenced from that date. Shrimati Tribeni Devi filed a petition, registered as suit No. 156 of 1957, in the Court of Shri D. C. Aggarwal, Additional Rent Controller, Delhi, under section 14 of the Delhi Rent Control Act praying lor the eviction of the appellant Irom the said rooms. It was stated in the application that the rent was Rs. 5 per month. It was alleged that the premises were required bona fide for occupation by her and the members of her family, that the appellant had not paid rent from Ashar Badi 1 Samwat 2021, that water charges were also in arrears, that a total sum of Rs. 438.79 paise was due from the appellant and that permission from the Competant Authority (Slum Areas) had been obtained. The appellant filed a written statement in which he pleaded that the rent was Rs. 5.00 per month, that the water charges were being paid at Rs. 2.50 paise per month, that tile premises were not required by the landlady or the members of her family inasmuch as she had II living rooms with her, that rent up lo 31st December, 1965, had been paid, that the petition was for a partial eviction and as such was not competent, and that the petition was filed in order to invent an excuse for increasing the rent, and may be rejectee.