SHRI UTTAM CHAND Vs. SMT. RAM MURTI GUPTA

JUDGEMENT

(1.) This is tenant's appeal under Section 39 of the Delhi Rent Control Act, 1958 (in short 'the Act') against the judgment and order dated March 17, 1979 of the Rent Control Tribunal.

(2.) The respondent/landlord file a petition for the recovery of possession of first floor of House No. 22, Block-D, C.C. Colony, Delhi against the appellant on the grounds contained in clauses (e) and (j) of the proviso to Section 14(1) of the Act. The ground of eviction under Clause (j) was given up before the Additional Controller and the eviction petition on the other ground was dismissed by him by order dated September 30, 1977. An appeal filed by the landlady was allowed by the Rent Control Tribunal on March 17, 1979 reversing the finding of the Additional Controller and an order of eviction was passed under Section 14(1)(e) of the Act. The Tribunal held that the respondent-landlady is not in possession of reasonable suitable accommodation for the residence of herself and her family members.

(3.) The learned counsel for the respondent submits that there is no substantial question of law involved in the appeal, and therefore, the same be dismissed. He submits that the question whether a landlord required bonafide premises for his own use and occupation was a pure question of fact and that the High Court could not go into it in second appeal. The counsel for the appellant, however, contested this position and relevant evidence on record to consider whether the requirement of the respondent was bonafide was referred to.