H C CHOPRA Vs. ANAND KUMARI

JUDGEMENT

(1.) The respondent had filed a petition for eviction of the appellant under Section 14(l)(e) and 14(l)(h) of the Delhi Rent Control Act (hereinafter referred to as the Act). The Additional Rent Controller by his judgment dated 7.2.1987 dismissed the eviction petition on both the grounds. Being aggrieved, the respondent filed an appeal before the Rent Control Tribunal. The Rent Control Tribunal by the impugned judgment dated 27.7.1987 allowed the petition under Section 14(l)(h) but dismissed the petition under Section 14(l)(e) of the Act. The appellant has challenged this order of the Rent Control Tribunal by way of the present second appeal.

(2.) Cross-objections have been filed by the respondent and eviction is sought also under Section 14(l)(e) of the Act. One of the main contentions of the respondent is that the appellant has constructed some additional floors at a house which belongs to him at 25/30 New Rajinder Nagar, New Delhi. The case of the appellant is that he had given that house to his first wife and he has strained relations with his first wife and, therefore, he has no legal right to occupy that house. During the pendency of the appeal, CM 2126/90 was filed by the respondent under Sec. 151 of the Code of Civil Procedure in which it was submitted that the appellant has constructed some further floors on the house at Rajinder Nagar, New Delhi.

(3.) During the course of the arguments, I considered it appropriate to appoint a Local Commissioner to visit the site and report regarding further construction on the house at New Rajinder Nagar, New Delhi. The Local Commissioner has filed his report. He has stated that now there are five floors in the house at New Rajinder Nagar belonging to the appellant. Three floors have been recently constructed and are unoccupied.