KRISHAN SWARUP Vs. KISHAN DEI AND ANR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed with a prayer that the order of the Competent Authority (Slums) giving permission to the respondent-landlady to file an application for eviction be quashed and set aside.

(2.) Krishan Swarup, petitioner is a tenant of premises No. 35/Ward No. 1, Chowk Gali Ramayani, Ganda Nala, Mori Gate, Delhi for the last more than ten years on a monthly rent of Rs. 9/-. It consists of only one room where the petitioner is residing with his wife, five sons and three daughters. The respondent-landlady made an application under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956, for permission to file an application for ejectment of the tenant. One of the grounds taken up by the landlady was that the tenant has acquired vacant possession of residence at 1/20, Gali Vaidyan, Mori Gate, Delhi. The parties filed their statements and affidavits in support thereof. The Competent Authority (Slums) found that the tenant was joint with his son who had the house No. 1/20, Mori Gate, Delhi, under his tenancy and so the question of creating any slum by him, if he was evicted from the premises in this possession, would not arise.

(3.) A preliminary objection has been raised by Mr. Gopal Narain Aggarwal, learned counsel for the respondent landlady that the tenant-petitioner is guilty of laches and has approached this Court after a period of practically 19 months of the impugned order. He thus submits that the present petition should be dismissed on that ground alone.