SHANTI SHARMA Vs. VED PRABHA

JUDGEMENT

(1.) The preseat appeal is against an order dated August 22, 1980 of the Rent Control Tribunal, Delhi dismissing an appeal of the appellants and respondent Nos. 2 & 3 and affirming an order of an Additional Controller directing eviction of the appellants and respondent Nos. 2 & 3 from a premises described hereinafter the ground of bonafide requirement of respondent No. 1 Smt. Ved Prabha Verma, who is the owner and landlady.

(2.) Plot Nos. 15-A/34 & 35, Ajmal Khan Road, Karol Bagh, Delhi were taken on perpatual lease from Delhi Improvement Trust by Rai Sahib Dina Nath who constructed a building on the same. He let out a portion of the said premises consisting of two rooms with covered verandah, a bath, a W.C. and a kitchen on the ground floor to one Amar Nath. Amar Nath died in December 1966. He left behind the appellants and respondent No. 2 as the only heirs. Dina Nath died on March 24, 1967. His widow Smt. Bhagwan Devi and daughter Smt. Ved Prabha filed a petition for eviction of the appellants and respondent Nos. 2 & 3 on various grounds. All the grounds except the ones of non-payment of rent in spite of notice of demand and bonafide requirement were given up.

(3.) During the pendency of the petition Smt. Bhagwan Devi died. Hence Smt. Ved Prabba, respondent No. I, filed an amended petition dated May 5, 1976 in which the name of Smt. Bhagwan Devi was deleted.