FREDDY FERNANDES Vs. P L MEHRA

JUDGEMENT

(1.) Under clause (e) of the proviso to sub-section (1)of section 14 of the Delhi Rent Control Act, 1958 (hereinafter called the Act) the Controller may, on an application by the landlord, order the eviction of the tenant on the ground that :-

(2.) The decision of this appeal by the tenant under section 39 of the Act depends upon the correct construction of these two provisions and their inter-connection, on the following facts :

(3.) The Controller held that the ground floor of the Nizamuddin house was sufficient for the need of the landlord and his family. He further held that if the landlord really needed additional accommodation, he would not have let out the Jangpura house just four months before the filing of the petition for eviction and that his conduct proved that the landlord did not require the premises bona fide. The petition for eviction was, therefore, dismissed. The appeal of the landlord against the decision of the Controller was, however, allowed by the Rent Control Tribunal on ths following grounds:-