R.C. GUPTA Vs. BRAHMA NAND

JUDGEMENT

(1.) FACTS giving rise to this petition are that R.C. Gupta, hereinafter referred to as the petitioner-landlord, filed an eviction petition under Section 14(1)(e) of Delhi Rent Control Act for getting the tenanted premises forming part of property No. 59, Model Basti, New Delhi vacated from Brahma Nand, hereinafter referred to as the respondent.

(2.) THE ground on which eviction of the tenant is sought is that the petitioner is owner-landlord of the premises which were let out to the respondent for residential purposes and are being used as such. The same are required bonafide by the petitioner for his residence and for the residence of his family members dependent upon the petitioner for the purpose of residence. The petitioner has got no other reasonably suitable residential accommodation. The accommodation presently available with the petitioner is highly insufficient keeping in view the requirement of the petitioner and his family members for comfortable and peaceful living. Except the premises in dispute, neither the petitioner nor any of his family members owns any residential property in Delhi.

(3.) THE petitioner is a man of status and means and retired as Under Secretary to the Govt. of India, Ministry of Shipping and Transport, New Delhi. He as well as his wife are income tax assesses. They own a car, telephone and all modern amenities such as T.V., refrigerator, sofa set, dining table, steel and wooden wardrobes, dressing table, other steel and wooden furniture as well as a number of electric appliances etc. The petitioner's son and daughter in-law are also person of status. The son is B.Sc. (Engineering), MBA, LL.B and is employed as Branch Manager in Delhi in an Indo Brithish company and is drawing handsome salary. He also owns a car. The petitioner's daughter-in-law is a MBBS doctor. The petitioner is about 72 years old and his wife is about 62 years old. They have only drawing room, dining room kitchen-cum pantry, bath room and latrine on the ground floor and do not have any other accommodation available with them on the ground floor. They are in dire need of their bed room to be on the ground floor. In its absence, they are experiencing great difficulty and inconvenience because they have to come down many times to their toilet on the ground floor as they do not have any latrine or bath room on the Ist Floor. The petitioner and his wife cannot use the common latrine on the first floor because it is being used by 20 persons of the tenants' families who reside on the first floor and the same is dirty and unhygienic. The many goings and comings of the petitioner and his wife between ground floor and first floor, even at night in their old age, cause a great hardship to them and also affect their health adversely. The respondent has one room and a kitchen in his tenancy on the ground floor. The petitioner thus needs bonafide the accommodation in occupation/tenancy of the respondent to meet his dire need of a bed room on the ground floor. The kitchen of the respondent will be used by the petitioner after making some modifications for the Pooja of the family deity. The petitioner and his wife also want bonafide to keep the privacy and peace of their living on the ground floor. The petitioner also requires at least two bed rooms on first floor for comfortable stay of his daughters and their children as they frequently visit the petitioner and stay days together along with their children. The petitioners' son and daughter-in-law also visit the petitioner and stay over-night very frequently.