HARBHAJAN DAS Vs. TILAK RAJ MEHTA

JUDGEMENT

(1.) This is a revision by the landlord against the order of the Additional Rent Controller, who by his order dated 26.4.1978 dismissed the application for eviction brought under Section 14(1) (e) read with Chapter III of the Delhi Rent Control Act (hereinafter to be called the Act).

(2.) The admitted facts are that the family of the petitioner consists of himself, his wife and a son about 7/8 years old. The petitioner is Accounts Officer and is drawing total emoluments of about Rs. 1700.00 per month. On the ground floor of the house there are two sets of two rooms each, being independent units. The respondent is a tenant in one of these sets namely- flat No. 2. The accommodation with the respondent/tenant is shown in red in plan Ex. A-2. The petitioner was previously posted at Kanpur and was transferred to Delhi sometime in February, 1977. The(petitioner filed application for eviction in May, 1977 on the ground that he required all the four fooms for his bonafide use/ it was also alleged that one of the tenants, Bhardwaj who was occupying one set had promised to vacate the premises but as the respondent had refused to vacate the premises the eviction petition was being filed against him. During the pendency of the eviction petition Bhardwaj vacated the portion occupied by him. The same was immediately occupied by the petitioner. He nevertheless maintained that the accommodation was less than his need and he still required the accommodation with the respondent.

(3.) The respondent denied that the need of the petitioner was genuine and maintained that the accommodation with the later was sufficient for his purpose. The Rent Controller found that though he had nothing against the petitioner and the scale appears to be even he was of the view that the two room accommodation at present with the petitioner was sufficient for his purpose and therefore the demand for extra additional accommodation in dispute by the petitioner was unreasonable. He therefore, dismissed the eviction petition.