CHANDU LAL GUPTA Vs. RAM NAGAR

JUDGEMENT

(1.) This revision petition is directed against the order of Additional Rent Controller, Delhi dated 15th July, 1977 dismissing the application filed by the petitioner for ejectment of the respondent.

(2.) The Petition itself was filed by the petitioner for ejectment of the respondent inter alia on the allegations that the petitioner is the owner of the premises ; the premises had been let out to the respondent for residential purposes only and that the petitioner requires the premises bona fide for his residence and the residence of his family members dependent upon him. It was alleged in the petition that the family of the petitioner consists of himself, his wife, three sons, six daughters, three daughter-in-laws, five grand-daughters, six grand-sons. It was also stated that all the six daughters are married and they often visit with their husbands and stay with the petitioner, alongwith their children for several days. Two of the grand-sons were stated to be 25 and 21 years and they were alleged to be married very soon. It was further stated that two grand-daughters of the petitioner are students of Higher Secondary. It was also stated that the petitioner has only five rooms, two verandahs, one store, two kitchens, one Miani and the present residential acommodation with the petitioner is wholly insufficient for him and his family members.

(3.) The plea of the respondent-tenant was that the petitioner is not the owner ; that the premises were not let for residential purposes and were let both for residential cum-commercial purpose. It was denied that the premises are required bona fide by the petitioner. It was alleged that the petitioner has got sufficient accommodation in the building, It was also stated that the petitioner owns a residential house in Multan Nagar, Delhi, which is at a distance of about 7 kilometer from Shakti Nagar. It was alleged that the said house compromises of three big rooms, one store, kitchen and tin shed and the petitioner let out one room for nonresidential purposes and the remainting portion is lying vacant. It was also alleged that Ram Kishore, son of the petitioner, owns a house at Faridabad and both the aforesaid houses are available with the petitioner. It was also pleaded that one of the sons of Ram Kishore, Anil Kumar is putting up permanently at Palwal.