JAGAN NATH CHAWLA Vs. R K VIJ

JUDGEMENT

(1.) The petitioner-landlord has filed the petition against the order of the 1st Additional Rent Controller, Delhi who had dismissed the landlord's application under section 14 (1) (e) of the Delhi Rent Control Act.

(2.) The respondent is the tenant of the first floor of the house owned by the landlord. The accommodation with the tenant consists of two rooms, kitchen, bath room and latrine. On 6th January, 1979 the landlord filed a petition under section 14 (1) (e) read with section 25B of the Act. It was alleged by the landlord that the premises, which are in the occupation of the tenant were bona fide required by him for himself and members of his family dependent upon him. In the application it was stated that the landlord was residing on the ground floor of the property and that the residential accommodation with him consisted of two rooms, kitchen and a box room. The family of the landlord was stated to be consisting of himself, his wife, three sons aged 24 years, 22 years and 18 years respectively and two daughters. At the time of the filing of the application one of the sons was engaged but since the filing of the eviction petition he has got married. One daughter was also married but it was stated that she visits the landlord but due to paucity of accommodation does not stay overnight. It was also stated that two rooms on the ground floor were in the occupation of M/s Jayen Electro.nics and one room was in the occupation of M/s R.K. Screen Printers. It is admitted that Jayen Electronics is owned by the landlord and R.K. Screen Printers is owned by one of the sons of the landlord.

(3.) After notice of the petition was served the tenant obtained leave to contest the petition. In the written statement it was contended by the tenant that the landlord was not the owner of the premises. It was also contended that the requirement of the landlord was not bona fida. According to the tenant the landlord had got a portion of the house vacated from an old tenant one, Shri Soni, and thereafter the said portion which was vacated - by Soni was used by the landlord for commercial purposes.