SAT PAL Vs. NAND KISHORE

JUDGEMENT

(1.) This is a petition under the proviso to Section 25B(8) of the Delhi Rent Control Act, 1958 (the Act'). The Rent Controller has made an order for recovery of possession of certain premises on the ground that they are required bona fide by one of the landlords. By this present petition, the tenant seeks to have that order revised and set aside.

(2.) The premises in question are a portion of the first floor of house No. 4-F, Kamla Nagar, Delhi. It is a three storeyed building with a barsati on top. Each floor has about six habitable rooms, and kitchens, bathrooms and latrines The owners are Nand Kishore said his son Mohan Parkash. The aggrieved tenant is Sat Pal.

(3.) The petition for eviction was filed on 10th March, 1978. Only one ground was pleaded : that the premises on the first floor in the occupation of Sat Pal were required for the residence of Shri Nand Kishore. There was no suggestion that the premises were also required by Mohan Parkash. the son, who was joined as a co-petitioner. Therefore, only the need of Nand Kishore alone falls to be considered. This was conceded by counsel for the landlords. In any case, the Rent Controller has given a clear finding that the portion of the second floor in the possession of Mohan Parkash is sufficient for him and his family; and that finding has not been questioned before me.