MOHINDER SINGH BINDRA Vs. M R JALAN

JUDGEMENT

(1.) This revision petition under Section 25B of DelhiRent Control Act is directed against the judgment dated.29.5.1986 passed byShri B.B. Chaudhary, Additional Rent Controller, Delhi.

(2.) The petitioner filed a petition for eviction against the respondentunder Section 14(1)(e) read with Section 25-B of Delhi Rent Control Act,The case pleaded by the petitioner was that the petitioner was residing atJabalpur with his family. The petitioner alongwith the members of his familywanted to shift his residence from Jabalpur to Delhi. It was stated that theywere living at Jabalpur in a tenanted premises and they had no business inolvement left at Jabalpur. The petitioner, M.S. Bindra was a heart-patient andthe medical facilities regarding heart-ailment at Jabalpur were not adequateand the petitioner would have much better facilities at Delhi. The petitionerand the members of his family have business involvements in Delhi. Boththe sons of the petitioner have been married. One son has two children. Theentire house i.e. ground floor and first floor was required for the residence ofthe petitioner and his family. The respondent is a tenant on the first floor.

(3.) The respondent contested. the eviction petition. By judgmentdated 29.5.1986 the Additional Rent Controller dismissed the eviction petition. The Additional Rent Controller returned the finding that the businessactivities of the petitioner and his firm M/s. Bindra Civil Engineers andContractors had not come to an end at Madhya Pradesh. Rather it was quiteclear that the petitioner and his firm were involved in various contractsin Madhya Pradesh and it will take years together to complete those works.The Additional Rent Controller also returned the finding that there wasnothing on the file to draw the conclusion that better medical facilities werenot available to the petitioner at Jabalpur, and the petitioner has not led anyevidence to show that he ever consulted any Doctor in Delhi. It was alsoobserved that there was no convincing evidence to hold that Shri Bindra andhis wife shifted their residence to the ground floor of the property in October,1990. It was also observed that they had no business involvement in/or nearDelhi and there was no occasion for Shri Bindra to shift to Delhi. If Mr.Bindra wanted to shift his residence to Delhi for better medical facilities forhis heart-ailment, then spacious accommodation was available to him on thegronnd floor of the house which consisted of one drawing-cum-dining, fourbed rooms and one study room, kitchen, latrine, bath etc.