V B RAJU Vs. R L MOHINDROO

JUDGEMENT

(1.) This revision petition is directed against order of the learned Additional Rent Controller, dt. 6.1.82 whereby after permitting the tenant leave to appear and contest the eviction petition and after going through the trial thereof has accepted the ejectment application filed by the respondent-landlord on the ground of bona fide personal requirement against the petitioner.

(2.) The respondent filed an application for ejectment of the tenant-petitioner on or about 30-1-1976 under Sub section 14 (1) (e) of the Delhi Rent Control Act, 1958 (the Act) on the following averments : 18 (a) (i) That the premises were let out to the respondent for use as residence and the same is now required bonafide by the petitioner who is the owner thereof for use as residence for self and other members of his family dependent upon him. (ii) The petitioner was residing alongwith his son Shri S.L. Mohindroo in premises No. 10. Under Hill Road, a requisitioned property by the Delhi Administration and orders for vacating the same have been passed by the ADJ, Shri D.C. Agarwal whereby the time upto 31.3.76 has been granted to the petitioner and other members of his family to vacate the premises.'

(3.) The tenant-petitioner took various pleas including the plea that the landlord has not pleaded that he has no other reasonably suitable accommodation available with him and also that the landlord ws not the owner. It was also pleaded in the leave application that the purpose of letting was not residential only. I, however, need not give the details of these pleas as in view of these pleas the tenant-petitioner was allowed leave to appear and contest the eviction petition and thereafter the landlord applied for amendment of the petition by an application dated 20-12-1976 to add in paragraph 18(a)(i) of the petition that "he has no other reasonably suitable accommodation for himself and for the members of his family dependent upon him". This application for amendment was filed soon after the leave was granted to the tenant to appear and contest the eviction petition.