RAJ RANI Vs. DWARKA DASS

JUDGEMENT

(1.) The petitioner has approached this Court under Article 227 of the Constitution of India for quashing the orders of the Financial Commissioner and the Competent Authority (Slums) dated May 17, 1971 and March 18, 1971, respectively.

(2.) The petitioner is the landlady of house No. XII-5720, Street No. 3, Nai Chandrawal, Kolhapur Road, Subzi Mandi, Delhi. Dwarka Dass is a tenant in a part of the premises. The petitioner instituted eviction proceedings against the tenant and succeeded in getting the eviction order from the Additional Rent Controller, Delhi. Tenant's appeal to the High Court was dismissed and, at the request of his counsel, he was allowed two months' time to vacate the premises and deliver vacant possession. Since the tenant refused to vacate the premises, the petitioner approached the Competent Authority (Slums) under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 (hereinafter referred to as "the Act"). It was averred that the tenant was living at Nagpur for the last ten years and was not living in the house in dispute. In answer to this allegation the tenant stated that he was permanently residing in the premises In dispute in Delhi but temporarily he had been posted at Nagpur and he was likely to be transferred back to Delhi at any time and the members of his family were still in the house in dispute. The petitioner had also alleged that the tenant had not paid the rent.

(3.) The Competent Authority (Slums) came to the conclusion that the tenant was temporarily posted at Nagpur and that the members of his family were residing in the demised premises. The non-payment of rent could not be made the basis of granting the permission. The total income of the tenant was calculated at Rs. 438.60 np. per month and the covered area in his possession was found to be 170 square feet. It was found that he could not get alternative accommodation at a reasonable rate which he could afford to pay. On these grounds the permission was refused.