ISHWAR DASS RAJPUT Vs. CHAMAN PARKASH PURI

JUDGEMENT

(1.) The facts giving rise to this revision petition are that Shri Ishware Dass Rajput, petitioner herein was inducted as a tenant in resppect of the ground floor porttion of S-96, Greater Kailash Part I, New Delhi, under Section 21 of the Delhi Rent Control Act for II months on a monthly rent of Rs.550.00 by Ramji Dass Puri deceased father of the respondents. After the expiry of eleven months Ramji Dass Puri, the landlord again appliied under Section 21 Delhi Rent Control Act for creation of limited tenancy for a further period of II months on a monthly rent of Rs.650.00 . Petition u/s 21 was obtained one after another till 5th February, 1976 when the application under Section 21 was. rejected by the Addl. Rent Controller, but the petitioner continued to be-tenant under Shri Ramji Dass Puri but the rent was increased from Rs.650.00 to Rs.800/ - per month from November, 1975.

(2.) Record shows that on 17.12.1979, Ramji Dass Puri filed an eviction petition under Section 14(l)(e) of the Delhi Rent Control Act for eviction on the allegation that he requires premises bona fide for his residence and for the members of his family members dependant upon him. Vide order dated 4.9.82 the Rent Controller allowed the eviction petition. The petitioner-tenant filed a revision petition (1078/82), which was allowed by this court on 14.2.83 and the order of eviction was set aside. It is alleged that Ramji Dass died on 5.7.84 leaving behind four sons. Chaman Parkash Puri respondent No.1, Ravi Dutt Puri respondent No.2, Hashmat Rai Pur, Pran Nath Puri and two daughters who are married. Ravi Dutt, Pran Nath and Hashmit Rai are settled abroad since long. It is also alleged that Chaman Parkash Puri has been occupying the first floor and second floor of S-96, Greater Kailash. He is the only son of late Ramji Dass Puri who is living in India. Chaman Parkash Puri respondent No.1 filed an eviction petition in September, 1984 on the ground that he and his family which consists of himself, his wife and two daughters aged 18 and 16 years and that his father has left a will and according to the will he is entitled to half share in the ground floor of this property and his another brother Ravi Dutt respondent No.2 is entitled to the other half share on the ground floor. So far as the first floor is concerned, the same has been bequeathed to Hashmat Rai and Pran Nath. He has alleged that Hashmat Rai who is settled in UK is not having any job and he has asked him to vacate the first floor and he (Chaman Parkash Puri) wants to shift to the ground floor. Ravi Dutt is also settled in UK and he has permitted him to occupy the ground floor.

(3.) The tenant petitioner filed an application for leave to defend, which was allowed and he filed written statement pleading inter alia that Ramji Dass Puri the original landlord- owner left behind four sons and two daughters and all his heirs have not been impleaded as parties in the eviction petition the eviction petition is therefore not maintainable. He denied the execution of any will by Ramji Dass Puri. The alleged bona fide need of the landlord was also challenged. It was further alleged that the entire first floor and the second floor are in occupation and use of Shri Chaman Parkash Puri which is more than sufficient for his residence and for the residence of his family members dependent upon him that the petition for eviction was mala fide. However the Addl. Rent Controller passed an eviction order under Section 14(l)(e) of the Delhi Rent Control Act and granted six months time to the tenant to vacate the premises in dispute. Aggrieved, this revision petition has been filed.