HARI PERSHAD SHARMA Vs. DHANPAT SINGH

JUDGEMENT

(1.) Respondent No. 1, Dhanpat Singh, is the owner landlord of a house situated in Katra Khushal Rai, Chandni Chowk, Delhi. The main ground floor has been let out for commercial purposes. He himself is in occupation of one room, measuring 16.5' X 14.8' and a store, measuring 11' X 7'. on the first floor, two rooms measuring 7' X 7.5' and 16.5' x 7.1' respectively, on the second floor and two tin sheds measuring 15.5'X 81/3' and 19/3/4'X71/6' respectively, with an open tarrace on the third floor. He is the head of the family consisting of fourteen members (although the number of members is stated to have further increased since the judgment under appeal was pronounced). The appellant himself is of about 62 years of age and his wife also is about the same age. He has three sons, one of whom has his wife and six. children. The second son has also his wife and a son. The third son, aged 23 years, was unmarried on the date of the decision by the Tribunal (said to have been married since then). The ages of the grand children ranged from two years to fourteen years. Four of them are of school going ages. All members are joint in mess, residence and business. The landlord is an income-tax assessee and is said to own another house in Green Park.

(2.) The Tribunal was of the view that the accommodation with the landlord was not sufficient for his needs and the needs of his family and there was nothing wrong in his aspiring to live in. a more comfortable house. He was, therefore, held to be in need of more accommodation. The learned counsel for the appellant did not seriously challenge this finding; and the same appears to be correct.

(3.) The learned counsel for the appellant contended that the respondent- landlord has admittedly constructed a house in Green Park, New Delhi. on a plot of land measuring 250 square yards; and therefore, could not be said to be not having other reasonably suitable residential accornmodation. The question that arises, therefore, is whether the newly constructed house in Green Park can be considered as the other reasonably suitable residential accommodation available to the landlord so as to deprive him of his right to recover from the appellant, possession of the premises in dispute, on the ground prescribed in clause (e) of the proviso to sub-section ( 1 ) of section 14 of the Delhi Rent Control Act, 1958.