GOBIND DASS Vs. KULDIP SINGH

JUDGEMENT

(1.) The problem posed in this second appeal is to the interpretation of provise (c) of Sub-sec. (1) of Section 14 of the Delhi Rent Control Act, 1958 and finding out whether the claim for eviction made by the appellants was covered by the said proviso.

(2.) The appellants, three brothers, filed an application under section 14 of the Delhi Rent Control Act, 1958 (hereinafter called the Act) seeking eviction of the respondent from the premises under his tenancy comprising of two rooms, a W. C. and a kitchen on the ground floor in the building bearing No. 48 in Block C, Ramesh Nagar, New Delhi. The appellants' contention was that they were in occupation of similar accommodation on the first floor but the accommodation occupied by them being insufficient for their needs they required the tenanted premises for occupation by themselves and for members of their family dependent on them. In the eviction petition the three appellants had claimed to be joint owners of the entire premises contending that they constituted a joint Hindu family of which Gobind Dass, the first appellant was the Karta. It was further stated that Gobind Dass was bachelor but the second appellant Dewan Chand was married and besides his wife had five children and the third appellant was married just about the time of the institution of the eviction proceedings.

(3.) The claim for eviction was resisted by the respondent according to whom Gobind Dass was alone the owner of the premises or landlord of the tenant respondent. According to him Gobind Dass was a bachelor and so had sufficient accommodation for his own use on the first floor of the building and the requirements of his relations could not be taken into account. It was further urged that at Dewan Chand was running a shop at Chakarta and had merely sent his wife and childern to stay with his elder brother while Joginder Lal was in Government service and was not dependent upon his elder brother Gobind Dass.