M PARKASH Vs. LACHHMAN DASS

JUDGEMENT

(1.) This petition has been filed by a tenant, 0m Parkash, under Article 227 of the Constitution of India, against an order of the Financial Commissioner, Delhi (Annexure H), dated 2nd April, 1970, whereby the Financial Commissioner set aside an order of the Competent Authority under Slum Areas (Improvement and Clearance) Act, 1956, passed on 28th August, 1959 and granted permission to the landlord to proceed with the execution of a decree for eviction obtained against the tenant

(2.) . The petitioner, 0m Parkash, is a tenant under respondent 1, Lachhman Dass, in respect of a bullding bearing Municipal No. 6894, Gali Mian Sahib, Beriwala Bagh, Ward No. XIII, Delhi-6, on a monthly rent of Rs. 3.00. Respondent 1 filed eviction proceedings against the petitioner under clause (e) of the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act (59 of 1958) and obtained an order of eviction in respect of the aforesaid premises. On 7th June, 1967, respondent 1, applied to the Competent Authority, Slum Areas (Improvement and Clearance) Act, Delhi, under section 19 of the said Act, for permission to execute the aforesaid eviction order against the petitioner. The petitioner contested the application and pleaded that he was a very poor illiterate man, that he was plying a Rehra (cart) and getting about Rs. 3.25 paise daily, that he had to support his family consisting of four members with that meagre income, and that he was not thus in a position to acquire any alternative accommodation, and would, therefore, create a slum in case he is evicted.

(3.) Respondent 1 filed only his own affidavit, dated 7th November, 1967 (Annexure A) in support of his case. He stated in that affidavit, inter aha, that the petitioner and his mother Bhag Wanti were recorded in the voters list as residing in one house at Serial No. 522 and 524, that the wife of the petitioner was recorded in the said voter list at Serial No. 523, that ration card No. 1398568 showed that the mother of the petitioner was a member of the petitioner's family, that from the claims left by the petitioner's father, a house, No. F-79. at Garhi in Lajpat Nagar, New Delhi, was purchased in the name of the petitioner's mother, and the same was let out on a rent of Rs. 45.00 per month, that a plot of land was purchased by the petitioner in Mahabir Nagar near Tilak Nagar for Rs. 3,000.00, and that the petitioner owned a Rehra and a horse which he disposed off about six months ago at Rs. 600.00 and has since been working with one Prem Nath at Rs. 6.00 per day.