KUSHAL ANAND Vs. MANDHIR SACHDEVA

JUDGEMENT

(1.) Eviction Petition E-477598/2016 was preferred by the respondent Mandhir Sachdeva, seeking eviction of the petitioner Kushal Anand from the premises located at R-875, New Rajender Nagar Delhi (hereinafter 'the tenanted premises') invoking, for the said purpose, clauses (d) and (h) of the proviso to Sec. 14(1) of the Delhi Rent Control Act, 1958 ('the DRC Act'). For the sake of convenience, the provisions would be referred to, hereinafter, as Ss. 14(1)(d) and 14(1)(h) respectively.

(2.) It is not in dispute that the tenanted premises were allotted to Jai Singh Sachdeva, the grandfather of the respondent, by the Ministry of Rehabilitation, vide letter dtd. 10/4/1954 and that Jai Singh Sachdeva inducted Surinder Nath Anand, the now deceased husband of the petitioner Kushal Anand, as a tenant in the first floor of the tenanted premises in 1960. The tenancy was for residential purposes at a monthly rent of Rs.175,.00 excluding water and electricity charges. The respondent contended, in his Eviction Petitions that, after Jai Singh Sachdeva expired on 27/12/1968, his parental uncle Jagdish Singh, as one of the co-owners who had succeeded to the ownership of the tenanted premises as a legal heir of Jai Singh Sachdeva, terminated the tenancy of the petitioner vide notice dtd. 6/1/1970, with effect from 31/1/1970.

(3.) It was further contended that Surinder Nath Anand had acquired eight immovable properties, including three in Rajender Nagar. Of the eight immovable properties so acquired by Surinder Nath Anand, the respondent contended that Surinder Nath Anand shifted, in 1974, to one of the said properties, situated at A-42, Kailash Colony, New Delhi, which was acquired by him vide registered Sale Deed dtd. 5/8/1972. After Surinder Nath Anand died, the petitioner, contended the respondent, further acquired premises located at K-228, Sainik Farms, New Delhi, where she was residing with her daughters.