RAM KISHORE VERMA Vs. MAHAVIR PRASAD

JUDGEMENT

(1.) IMPUGNED judgment is dated 14.07.2006. The eviction petition filed by the landlord seeking eviction of his tenant from the disputed premises (two rooms, one kitchen, one bath with a court yard on the ground floor of property bearing No 4530/3 (7/26A), Bhatia Building, Mahavir Street, Darya Ganj, New Delhi) had been dismissed. The impugned judgment had recorded this finding after a trial.

(2.) RECORD has been requisitioned and it has been perused. Vehement arguments have been addressed by the respective parties. The eviction petition discloses that the bonafide need of the landlord is for the aforenoted premises as his family comprised of himself and his wife for whom he requires one room; his son Nand Kishore Verma who is a married son and also requires one room. The grandson of petitioner No. 1 is also married for whom also a third room is required; his daughter on the date of filing of the eviction petition was a member of this household but thereafter in this intervening period, she had got married. There is no dispute to his membership of the family of the petitioners. The accommodation presently available with the petitioners as per the eviction petition comprises of one room and one bathroom on the mezzanine floor; two rooms with a kitchen and a bathroom on the first floor and one balcony on the barsati. The site plan filed along with the eviction petition has depicted the accommodation available with the petitioners as comprising of two rooms on the mezzanine floor; the bathroom has not been depicted separately; two rooms on the first floor with a kitchen and a bath and one room on the second floor.

(3.) THIS was by and large the oral evidence which has been led and which has been highlighted by the parties.