YOUSUF Vs. MOHAMMAD ARAFIN

JUDGEMENT

(1.) This second appeal by the tenant under Section 39 of the Delhi Rent Control Act, 1958 (hereinafter called 'the Act') is directed against the judgment and order dated September 22, 1978 of the Rent Control Tribunal whereby an order of eviction under Section 14(l)(e) of the Act was passed against the appellant.

(2.) The respondent landlord filed a petition for eviction of the appellant on various grounds. His application was dismissed by the Additional Rent Controller by order dated September 19, 1975. On appeal however as already stated order of eviction was passed only under clause (e) of the proviso to sub-section (1) of Section 14 of the Act. It is not disputed that the respondent is the owner of the suit premises and that the same were let out to the appellant for residential purposes. The only disputes are whether the respondent bona fide requires the suit premises and whether he has no other reasonably suitable residential accommodation. The Tribunal has held that the requirement of the respondent is bona fide and that he has no other reasonably suitable accommodation.

(3.) The learned counsel for the appellant contends that the present appeal raises substantial questions of law. He says that the eviction application filed by the respondent does not disclose any cause of action as all the ingredients required to be pleaded and proved by the respondent under section 14(l)(e) of the Act have not been pleaded. His other objection is that the finding of the Tribunal is without any evidence on record.