SUBHASH MANCHANDA Vs. MAYA DEVI

JUDGEMENT

(1.) The issue raised in this civil revision petition under the provisions o,f Section 25-B (8) of the Delhi Rent Control Act, 1958 (for short 'the Act') lies within a very narrow compass and is thus being disposed of at the admission stage itself.

(2.) The petitioner is a tenant under the respondent in a portion of the ground floor of house No. 17/12, Shakti Nagar, Delhi. The landlady filed an eviction petition against him in October, 1988, invoking ground (h) of proviso to section 14(1) of the Act to the effect that the tenant during the pendency of the tenancy had acquired vacant possession of a flat, which was allotted to him by Delhi Development Authority; possession whereof had been offered. Besides alleging that a number of property brokers were visiting the tenant for either letting out the said flat or sale thereof. it was contended that in any case when the respondent had been allotted another residental accommodation, he was liable to be evicted from the tenancy premises let out to him for residential purposes where he was living at the time of institution of the eviction petition.

(3.) The petitioner, as respondent in the eviction petition, contested it on a number of grounds to the effect that the premises in his tenancy were not exclusively residential but of residential-cum-commercial nature and had been let out to him for being used as such. Another plea taken was that the eviction petition was defective for being only part of the tenancy premises. It was also contended that the petition was not maintainable inasmuch as the said flat still belonged to the government, and as such the eviction petition was barred under section 3 (a) of the Act.