ROSHAN LAL AGGARWAL Vs. MADHU SOODAN SHARMA

JUDGEMENT

(1.) This appeal undersection 39 of the Delhi Rent Control Act, 1938 (hereinafter referred to as the Act) has been filed by the tenant against the appellate judgment and order of the Rent Control Tribunal dated 5th January, 1971 by which the Tribunal allowed the appeal and reversing the order of the Additional Controller dated 28th February, 1970, finally ordered eviction of the tenant appellant on the ground of bona fide personal necessity of the landlords mentioned in proviso (e) of sub-section (1) of section 14 of the Act.

(2.) The brief facts of the case giving rise to the appe I are that the three landlords who are owners of the property in dispute, instituted a petition against the tenant for eviction on the ground of bona fide personal necessity on the allegations that two of the landlords had a family of 8 and 6 members respectively while third landlord Girijesh Kumar Sharma, who was temporarily residing in London along with his wife, was due to return to Delhi in a few months time and the mother of the landlords was residing with them and they had only four rooms in their possession. They also stated that their sister along-with her husband was residing in a small miani and the accommodation with them was insufficient. It had also been urged that one of ' the rooms was being used as a temple.

(3.) The petition was contested mainly on the ground that a three roomed tenement on the first flour of the property had been made available to the landlords and so their need stood satisfied and they did not have any bona fide necessity to require eviction. A replication was filed to the written statement and the parties proceeded to trial.