ISHWARI DEVI Vs. BATA SHOE COMPANY PVT LTD

JUDGEMENT

(1.) This petition under Section 25B(8) of the Delhi Rent Control Act, 1958 is against the order dated 16th July 2003 passed by the Additional Rent Controller whereby the eviction petition filed by the Petitioner - landlady under Section 14D of the said Act has been dismissed after trial.

(2.) The Petitioner claimed to be the owner of property bearing No. 319/5/5A, (main road), Gandhi Nagar, Delhi having purchased the same vide sale deed dated 25thMarch 1969. One big room on the ground floor('the tenanted premises') portion of the said house was given on rent to Respondent No. 1 Bata Shoe Company Ltd., name of which Company later on after becoming a Private Limited Company came to be changed to Bata India Ltd., which had also been separately impleaded as Respondent No. 2 in her eviction petition by the Petitioner - landlady. The tenanted premises were let out in the year 1972 at a monthly rent of Rs 1275/- for commercial user. Fifteen years thereafter the Petitioner filed an eviction case against the Respondents under Section 14D of the Rent Act alleging that her husband had died in the year 1996 and she being a widow required the tenanted premises for her own residence. In the eviction petition she claimed that she had two sons and six married daughters, five of whom lived in Delhi and they frequently come to her house. The elder son of the Petitioner was married and he along with his family comprising of his wife and two children were living with the Petitioner. The second son of the Petitioner was also of marriageable age(when the eviction petition was filed). Regarding the accommodation in her possession the Petitioner had pleaded that she was having three rooms, one kitchen, one small store room and one small bathroom on the ground floor and two rooms on the first floor along with one kitchen and one toilet.

(3.) The Respondents in their written statement pleaded that the name of the tenant Company initially was Bata Shoe Company Ltd. and later on it became a Private Limited Company and then in the year 1973 its name came to be changed to Bata India Limited(Respondent No. 2 herein). On merits, it was pleaded, inter alia, that the eviction petition was vexatious and did not disclose any cause of action as the tenanted premises were let out for commercial purpose and that the Petitioner in any case already had sufficient accommodation available for herself and her family members who in any case were not dependant on her. It was further pleaded that the tenant Company had financed a sum of Rs. 50,000/- in the year 1972 itself for the construction of the tenanted premises as per its requirement for being used for commercial purposes and that the same could not be used for residential purposes since it did not have any kitchen bathroom and latrine.