O P KAPOOR Vs. PADMA KAUR

JUDGEMENT

(1.) In this second appeal under section 39 of the Delhi Rent Control Act, 1958 (hereinafter Palled the Act), the substantial question of law relates to the construction of proviso (e) to section 14(1) of the Act to the sufficiency of pleading by the landlady to sustain the case made out in evidence.

(2.) The respondent landlady is the owner of the main building in which there are 8 flats; 4 on the ground floor and 4 on the first floor. A stair case in the middle of the building divides the flats into groups of two flats on each side on both the floors. There are also two annexes each containing two flats: one on the ground floor and one on the first floor. All these flats, consists of 2 rooms each. The appellant-tenant had been let out a corner flat on the ground floor of the main building in 1963.

(3.) The landlady filed a petition for eviction of the tenant in 1968 in the form prescribed under the Rules framed under the Act. In paragraph 18 (a), the landlady was required to state "the ground on which the eviction of the tenant is sought". This was stated by the landlady in the following words :-