GIRDHARI LAL Vs. G C JAIN

JUDGEMENT

(1.) This is a tenant's petition under Article 226 of the Constitution for quashing the order of the Competent Authority dated 8th February, 1978.

(2.) The petitioner Girdhari Lal is a tenant in respect of two rooms and a court yard under the respondent Shrimati Pushplata Sud in the ground floor of House No. 956/15 in Gali Kumharan, Paharganj, New Delhi. On 4th June, 1976, the landlady made an application for permission to the Competent Authority under Section 19(1) (a) of the Slum Areas (Improvement and Clearance) Act, 1956. The Competent Authority granted the permission. The tenant now seeks to challenge this order on the ground that it is without jurisdiction and illegal.

(3.) Girdhari l admittedly has three major sons. They are Kewal Krishan, Tilak Raj and Rajinder Kumar. The landlady alleged that these three sons were living with their father Girdhari Lal and they were making individual contribution for the running of the household and other expenses of the family. The Competent Authority found as a fact that Kewal Krishan, the eldest son of Girdhari Lal, was not living with him and that he was living separately for the last many years. The same was his finding with regard to Tilak Raj. Though Tilak Raj's name appeared in the ration card of Ins father, Girdhari Lal, yet he was able to establish that he was a teacher in village Jakholi. He produced a certificate from the Sarpanch of that village in which he certified that Tilak Raj son of Girdhari Lal had been residing for the last ten years in the village and that his wife Swam Kanta was a teacher in the primary school at Jakholi. On this evidence the Competent Authority reached the conclusion that Tilak Raj with the family lived at Jakholi and was not residing with his father.