SHIV NARAIN Vs. KHUSHAL DEVI

JUDGEMENT

(1.) These two second appeals may be disposed of by a common judgment as they involve similar questions of fact and law.

(2.) The appellant in S.A.O. No. 24 of 1968 is Shiv Narain, while the appellant in S.A.O. No. 25 of 1968 is Ram Bhaj, Smt. Khushal Devi is the sole respondent in each of the second appeals.

(3.) Smt. Khushal Devi filed two applications, Nos. 130 and 131 of 1966 on 16-6-1966 before the Additional Rent Controller, Delhi, for eviction of Shiv Narain and Ram Bhaj respectively under clauses (c) and (k) of sub-section (1) of section 14 of the Delhi Rent Control Act, 1958. She alleged in the applications that she was the landlady in respect of a building, No. 51/5, situated in Rajinder Nagar (Old), New Delhi. The building consisted of two rooms, a latrine, a kitchen, a court-yard, and a varandah, and faced the main road. It appears that Smt. Khushal Devi was an allottee in respect of the said building long prior to 1959, and while she, along with her son-in-law and children, lived in the two rooms, she converted the verandah into two small rooms and, in June 1960, let out orally one of them to Shiv Narain at Rs. 35/- per month and the other to Ram Bhaj at Rs. 30/- per month. On 17th June, 1961, the site of the building was granted on lease to her by the President of India under a lease-deed Ex. A-1, and on the same date the building was conveyed to her by the President of India under a deed of conveyance, Ex. A-2 on the conditions, inter alia, that "the purchaser shall not use the said property for any purpose other than the purpose of residence without the previous consent in writing of the vendor or an officer appointed by him in this behalf", and that "in the event of the breach or non-observance by the purchaser of any of the covenants herein on his part to be observed then in any such case notwithstanding the waiver of any previous cause or right for re-entry it shall be lawful for the vendor to enter into and upon the said property or any part thereof and to re-possess, retain and enjoy the same as of the former estate and the purchaser shall not be entitled to a refund of the purchase money or any part thereof or to any compensation whatsoever on account of such resumption."