L.A. JAI SINGHANI Vs. RAJ PAL KAKKAR

JUDGEMENT

(1.) - This revision petition under Section 25-B(B) of the Delhi Rent Control Act, 1958 is directed against the order dated 18 March, 1980 passed by the Rent Controller, Delhi whereby the petition of the respondent-landlords under Section 14(1)(e) read with Section 25-B of the said Act was allowed and the petitioner-tenant was given six months' time to hand over the vacant possession of the premises in dispute.

(2.) THE respondents are the joint owners of Property No. 43-J, Lajpat Nagar-II, New Delhi. They filed a petition for eviction under Section 14(1)(e) read with Section 25 of the Delhi Rent Control Act. The grounds for eviction are stated in paragraph 18(a) of the petition which is as follows :-

(3.) IN support of their case, the petitioners Shri S.S. Kakkar and Shri R.P. Kakkar have appeared as their own witnesses as A.W.1 and A.W.2. They have also examined one Shri Gurjar Singh, as A.W.3. According to the statements of A.Ws., Shri R.P. Kakkar had retired from Government service and was getting a pension of about Rs. 700/-. He and his family were residing in a tenanted house and were paying a rent of Rs. 450/- per month. It was stated that with such meagre income, it was not possible for Shri R.P.Kakkar to pay a heavy rent of Rs. 450/- per month and thus, he wanted to shift to his own house which was fetching muchless rent. It is also in evidence that the premises are required for the residence of the children of Shri S.P. Kakkar, petitioner. According to the evidence, at the time when the evidence was recorded. Shri S.P. Kakkar was posted in Simla in Western Command. His children were also studying in Simla. It was stated that since Shri S.P. Kakkar is on transferable job and he wants his children to settle in Delhi for the purposes of their education. It is not necessary to discuss the evidence of A.W. 3 as the same relates to only the will which is not in dispute before me.