S K SEN Vs. KUNWARANI CHANDRA KUNWAR

JUDGEMENT

(1.) A petition under Section 14(l)(e) of the Delhi Rent Control Act for eviction of the tenant, S.K. Sen, from premises constituting of first floor of X-6, Hauz Khas, New Delhi, was brought by the owner-landlady Smt. Kunwarani Chandra Kunwar, pleading that she bona fide required the same for her residence. The tenant contested the petition and sought permission to defend which was granted. Later, however, the ejectment was allowed by Shri J.D. Kapur, Rent Controller, Delhi, after considering the evidence which both the sides had led. The tenant now feeling aggrieved has moved the present revision before this Court.

(2.) I have heard both the sides and considered the entire evidence on record. In my opinion, no interference is called for in the assessment of evidence by the learned Rent Controller. He has some to the conclusion that the landlady is the owner of the premises, and has no suitable accommodation in her possession and further that she, in fact, bona fide requires the premises for her family's residence. These are essentially factual appraisements, and I do not see any legal implications involved in them which should justify interference in the revision. No material evidence has been ignored nor any extraneous circumstance taken into account.

(3.) At the time when the eviction petition was moved, the landlady was residing with her husband at premises No. D-151 Defence Colony, New Delhi. This had been allotted to her husband by his employer, the Indian Oil Corporation, when he was employed with that Corporation as Chief Vigilance Officer. His employment was due to expire there on 30.4.1978. He, however, got extension up to 31.3.1979. Ever since then he and his wife have been residing at Jaipur, the place to which they orginally belong, for want of suitable accommodation in Delhi. According to them, they want to settle in Delhi where they have this property. At Jaipur they are not owning any property.