P C KHANNA Vs. K K SHARMA

JUDGEMENT

(1.) This is a revision petition filed by the petitioner- tenant against the order dated 4th October, 1980 whereby the Rent Controller, Delhi, in case No 463/80 on an eviction petition filed by the respondent-landlord, did not grant the tenant leave to contest and ordered his eviction.

(2.) On 5th June, 1977 House No. B - 11/37, Janak Puri, New Delhi, except one bed room and one store room which is in the possession of the landlord, was let to the tenant. According to the landlord he was working in the Delhi Cloth Mills and he was transferred from Delhi to Mawana Sugar Works, Mawana as Chief Chemist. With effect from 16th June, 1980 he has been transferred back to Delhi and as such he requires the premises for his own residence and for residence of members of his family. As the tenant did not vacate the premises an application under section 14(l)(e) read with section 25 B was filed.

(3.) The tenant filed affidavit for leave to contest the eviction petition. One of the main grounds raised by the tenant was that the premises in question had been let to him for residential-cum-commercial purposes. It was alleged that the wife of the tenant was running a school and the premises had been let for that purpose also. It was also contended that there were some proceedings under the Rent Control Act which had been instituted previously and the premises which were described in the present application for eviction were different from what were described earlier. It was also contended that the landlord wanted to increase the rent and, furthermore, the landlord had not disclosed that he had no other reasonably suitable accommodation with him. According to the tenant the landlord had a big house at Prem Nagar where he could reside.