SULTAN SINGH Vs. JAI SINGH

JUDGEMENT

(1.) This is a tenant's petition under S. 25-B(8) proviso of the Delhi Rent Control Act, 1958, hereinafter referred to as the Act, against an order dated 9th of August, 1988 made by Shri M. S. Sabharwal, Additional Rent Controller, Delhi, directing eviction of the tenant from the premises in question on a petition made by the respondent-owner, on the ground of bona fide requirement under S. 14(l)(e) of the Act. The only question raised at this stage is whether , the premises were let for residential purposes.

(2.) The premises consist of two rooms, an improvised kitchen, a toilet, one common verandah, common side-open court-yard and common rear-open court-yard, in the back portion of property No. B-39, Satyawati Nagar, Ashok Vihar Phase III, Delhi. These premises were let out to the petitioner in September, 1978.

(3.) The respondent sought eviction of the petitioner on the ground that the premises let for residential purposes are required bona fide by him for occupation as a residence for himself and for members of his family dependent on him and that he has no other reasonably suitable residential accommodation. He averred, at the time when the petition was filed, that his family consisted of himself, his wife, one married son, daughter-in-law and three grand-children aged between 5 to 15 years, and that the accommodation available to him consisted of only one bed room, one drawing-cum-dining room, kitchen and latrine in the front portion of the same property. His wife died during the pendency of the proceedings.