BUDH RAM Vs. BANWARI LAL

JUDGEMENT

(1.) This is tenant's second appeal under section 39 of the Delhi Rent Control Act of 1958 (hereinafter referred to as the Act) against the order of the Rent Control Tribunal up holding the Order of eviction of the tenant passed by the Additional Rent Controller.

(2.) The tenant had taken on rent premise no. 4307, Gali Bhairon Wali, Delhi for residential purposes,, He built a house in Sahiba-bad Colony, which is situated at a distance of about 10 miles from Delhi. The Landlord filed an application for his ejectment on the ground, amongst others, that the tenant has built and acquired vacant possession of a residence in Sahiba-bad colony. The tenant admitted the construction of the said house but contended that his case did not fall under clause (h) of the proviso to sub-section (1) of Section 14 of the Act. The Additional Rent Controller negatived his contention and ordered his ejectment. His appeal to the Rent Control Tribunal was also,dismissed.

(3.) The short question for-determination is "whether a tenant, who has built or acquired vacant possession of a house for his residence outside Delhi would fall under clause (h) of the proviso to Section 14 (I) of the Delhi Rent Control Act.' Section 14 (1) (h) is as under :