HANS RAJ MEHTA Vs. ASHA RANI VASUDEVA

JUDGEMENT

(1.) The landlord of the premises No. D/136, West Patel Nagar, New Delhi, has filed this revision petition under Section 25B(B) of the Delhi Rent Control Act (hereinafter called 'the Act'). He seeks revision of the order of the Additional Rent Controller dated 22nd October, 1979 dismissing the petition filed by him under Section 14(l)(e) of the Act for the eviction of the respondent-tenant.

(2.) The tenanted premises consists of one room and kitchen with a small balcony. The respondent has been residing in the premises paying a rent of RS.110.00 per month from December, 1972. At the time when the eviction petition was filed (i.e., on 1st March, 1978) the petitioner was residing at 2372, Raja Park, Shakurbasti, which consisted of one room, a kitchen and bathroom, and was paying a rent of Rs. 160.00 per month. According to the petitioner, the said accommodation was not reasonably suitable for him and the landlady was also harassing him to vacate the same. He, therefore, prayed for an order for the eviction of the respondent from the house owned by him and rented out to her under Section 14(l)(e) of the Act.

(3.) Earlier, in 1976, the petitioner had filed a petition for the eviction of the respondent on the same ground and this had been dismissed by Sri M. A. Khan, Additional Rent Controller, on the preliminary ground that no valid notice of termination of the tenancy under Section 106 of the Transfer of Property Act had been given by the petitioner to the respondent as well as on merits holding that the landlord's application was not bona fide. The landlord preferred an appeal to the Rent Control Tribunal but, before the Tribunal, his counsel conceded the preliminary objection raised by the tenant and sought for permission from the Tribunal to withdraw the eviction petition with permission to file a fresh petition on the same cause of action after serving a valid notice of termination of the tenancy. The Tribunal accepted this request and by its order dated 19th December, 1977 dismissed the eviction petition as withdrawn with liberty to file a fresh petition as sought for. Thereafter, the petitioner issued a notice of termination of tenancy on 30th December, 1977 and brought the fresh eviction petition on 1st March, 1978 as stated already.