USMAN Vs. MAHABIR SINGH

JUDGEMENT

(1.) In this writ petition the challenge is to the order of the Financial Commissioner who allowed respondent No. 2 to 5's application under Section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 (hereinafter referred to as 'the Slum Act').

(2.) The petitioner was a tenant of part of premises No. 4843, Mohalla Darzian,.Bara Hindu Rao, Delhi. The rate of rent was Rs. 18.00 per month. The demised premises consisted of one room. According to the petitioner the said room did not have any residential amenities and he used the said room for commercial purposes only. On 5th September, 1967 landlords filed an application under Section 19 of the Slum Act before the Competent Authority. In the application it was stated that the petitioner herein was a tenant in respect of a Baithak in the aforesaid house bearing Municipal No 4843 Mohalla Darzian, Bara Hindu Rao, Delhi. The landlords sought permission to institute proceedings for eviction of the tenant. The grounds on which the eviction was sought were that the tenant was irregular in payment of rent and had not paid the rent though notice of demand had been served and secondly that the premises were let for residential purposes but were being misused for commercial purpose. The said applition was raised by the tenant. Affidavits were filed on behalf of both the parties. According to the petitioner herein his family consisted of 21 members and the earnings of the family were only Rs. 600.00 per month. It was mentioned that the petitioner was a craftsman and was a man of humble means. The landlords reiterated the averments made in the petition under Section 19 and further stated that the tenant was in occupation of premises No. 4920 in Gali Darsian as well as premises No. 4824 in the same lane and in addition there to was also in occupation of premises No. 6648-49 situated at Ahate Kidara, Bara Hindu Rao, Delhi.

(3.) Before the Competent Authority it was admitted that the petitioner herein had separate residential accommodation in house No. 4920, Gali Darziau, Delhi. The Competent Authority found that the premises in dispute were admittedly being used for commercial purposes. It held that the Authority was concerned with the present circumstances of the case and it was admitted that at the time of the hearing of the application the premises were being used for commercial purposes The Competent Authority found that the total monthly earnings of the petitioner herein were only Rs. 600.00 . By order dated 26th September, 1969 the application of the landlords was rejected on the ground that the petitioner herein could not acquire alternative accommodation within his means.