RAM NATH TANDON Vs. RAMESH KUMAR

JUDGEMENT

(1.) This revision petition by the petitioner-landlord is directed against the judgment dated 30th July, 1980 of the Additional Rent Controller, Delhi, who had rejected the landlord's application under Section 14(1) (e) read with Section 25B of the Delhi Rent Control Act for eviction of the respondent-tenant from the first floor of House No. T-5, Rajouri Garden, New Delhi.

(2.) The landlord is a senior officer in the Delhi Cloth Mills and Chemicals Works and it is not disputed that he is getting a salary of Rs. 3,000.00 p.m. He is the owner of the aforesaid house No. T-5, Rajouri Garden. The first floor of the said house, consisting of two bed rooms, drawing-cum-dining, kitchen, W.C. latrine and store with back and front verandah, was let out to the respondent-tenant. According to the petitioner he required the said premises which had been let out to the respondent. The premises were stated to be bonafide required by the landlord for his need and the need of his family members, who were dependent upon him. According to the petitioner, the nature of the job which he was doing required his having a study and his family consisted of himself, his wife, two daughters who were studying in the 9th and 11th Classes respectively and an ailing mother. The petitioner in the application under Section 14(1) (e) which was filed against the respondent further stated that the ailing mother was suffering from asthama and required a separate room. The daughters were adults and required one room each for their studies and living. It was specifically stated that the barsati floor was not suitable.

(3.) At the instance of the respondent-tenant, the Additional Rent Controller granted leave to contest. Thereafter, a reply was filed by the respondent. It was contested that the premiles were not bonafide required by the landlord for himself and members of his family. It was also submitted that the mother of the landlord was not living with him.