ALEXENDER Vs. BHAWANI SHANKER

JUDGEMENT

(1.) THE impugned judgment is dated 02.01.1996. THE eviction petition filed by the landlord Alexender seeking eviction of his tenant Bhawani Shanker from the premises bearing No. 91, New Lahore Colony, Shastri Nagar, Patpar Ganj Road, Delhi under Section 14 (1)(e) of the Delhi Rent Control Act (DRCA) on the ground of bonafide requirement had been dismissed.

(2.) RECORD shows that the petitioner claims himself to be the owner/landlord of the aforenoted premises; premises have been tenanted out to the tenant at a monthly rent of Rs.25/-; letting out was on 01.01.1972 for a residential purpose; contention of the petitioner in the eviction petition was that the petitioner requires the premises for himself and for his family members; he has no other alternative accommodation; further contention was that the tenant is also a habitual defaulter in payment of rent; eviction petition was accordingly filed.

(3.) ORAL and documentary evidence was led. Relevant would it be to state that the petition was initially dismissed by the ARC on 02.04.1981 but in revision the High Court vide order dated 06.07.1983 remanded the matter back to the ARC which has led to the impugned judgment. Gamut of the evidence which was led including the testimony of the petitioner himself, six other witnesses besides him had been examined. The respondent has examined five witnesses.