SATYAWATI SHARMA Vs. UNION OF INDIA

JUDGEMENT

(1.) Constitutionality of a part of Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter called for the take of brevity "the said Act" for short) is in question in these writ petitions.

(2.) The petitioners are owners of the premises in question. The said premises had originally been leased out to Delhi Improvement Trust by an Indenture dated 18th August 1953. The said leasehold rights were purchased by the petitioner in 1973. Clause 4(c) of the said Indenture reads thus:

(3.) The petitioner asserted that the second respondent/tenant had not been using the premises for residential purposes and the user had been permitted by the lesser in terms of the lease deed. She filed an application for eviction of the respondent No.2 from the tenanted premises on the ground that she was in bona fide requirement thereof for its occupation for residence for herself and members of her family. The said application was dismissed by the Additional Rent Controller, Delhi by an order dated 17th May 1991, inter alia, holding that the petitioner herein had failed to prove that the premises in question was initially let out to the petitioner for residential purposes. So far as the claim of bona fide requirement of the tenanted premises by the petitioner in terms of Section 14(l)(e) of the said Act is concerned, it was held: