PRITHI SINGH JAIN Vs. HEMA CHAND JAIN

JUDGEMENT

(1.) The petitioner, Prithi Singh Jain, filed this petition under Article 227 of the Constitution of India praying that an order (Annexure X), dated 22.12.1970 passed by Shri D.K. Poddar, Competent Authority. Slum Areas, granting permission for the institution of a suit or other proceeding for obtaining a decree or order for eviction of the petitioner from the suit premises which consists of one room and one godown, be quashed. The respondents to the petition are (1) Shri Hem Chand Jain, and (2) Shri D.K. Poddar. Competent Authority, Slum Areas. Delhi.

(2.) Respondent No. 1 is the owner of the premises No. 2799 in Kinari Bazar, Dariba Kalan Delhi - 6, and the petitioner is his tenant in respect of one room and one kitchen (godown) in the said premises. Respondent No. 1 filed an application (Annexure A) under Section 19 of the Slum Areas (improvement and Clearance) Act, 1956, for permission to institute a suit or proceedings for obtaining a decree or order for eviction of the petitioner on the ground bona fide personal requirement of respondent No.1 for his residence.

(3.) The petitioner filed a written statement (Annexure B) admitting the tenancy but challenging the ground pleaded for his eviction. He also disputed the extent of accommodation in his occupation mentioned in the application. According to him he was also a tenant with respect to two Saibans besides the room and the kitchen (godown), and had also a right to use the roof for the purposes of sleeping and basking in the sun. As regards his status, he stated that he was hardly earning about Rs. 60/- per month by supplying hosiery goods from shop to shop, and that he had to maintain himself and his wife with the said amount. He therefore, pleaded that he would not be able to acquire alternative accommodation if evicted.