PREM CHANDRA SHARMA Vs. V.S. TALWAR

JUDGEMENT

(1.) The petitioner before me js a tenant who challenges an order of eviction passed against him by the learned Additional Rent Controller on grounds covered by clause (e) of Sec. 14(1) of the Delhi Rent Control Act, 1958.

(2.) The premises were let out by the landlord to the tenant under an agreement proved by the landlord and marked Ex. AW1/4. This agreement is on page 81 of the record of the lower court. Para 7 of the agreement provided as under : -

(3.) Similar averments were made by the tenant in the reply to the eviction petition where the averment that premises were let for residence was emphatically denied and it was asserted that the premises were let both for residence and office - in the replication, on this point, the landlord emphasised that the premises were admittedly residential. The landlord explained that the user as "Personal office" is an incidence of residential purpose only and permission in this behalf does not alter the letting purpose which remains for residence only.