GURDIPA SINGH Vs. RAM DEV

JUDGEMENT

(1.) Shri Ram Dev, predecessor of the respondents, on 2nd December, 1967 filed an application for eviction of Shri Gurdip Singh, appellant-applicant on the ground mentioned in Section 14(1) (e) of the Delhi Rent Control Act, 1958 'for short the Act) with respect to a garage which is a part of property No. 8574, Basti Ara Kashan, Ram Nagar, Paharganj, New Delhi. The Additional Controller on 3rd May, 1973 passed an order of eviction which was confirmed by the Rent Control Tribunal by order dated 14th January, 1977 against the tenant. The tenant filed second appeal (S.A.O. No. 62 of 1977) in this court. On 27th October, 1978 the tenant gave an undertaking to this court to deliver vacant and peaceful possession of the premises on or before 31st October, 1978. This undertaking was accepted by court by order dated 30th October, 1978.

(2.) The applicant-tenant has filed this application under Section 19 of the Act read with Section 151 oF the Code of Civil Procedure alleging that the respondents have vacated the suit House No. 8574, Basti Ara Kashan, Ram Nagar, Paharganj, New Delhi, that they have shifted to S-470, Greater Kailash I, New Delhi in 1980, that the suit house has been converted into a tourist home and the same is being used as 'Malika Tourist Home'. The applicant further alleges that the respondents thus cannot use the premises for their residence and if possession is handed over by him in pursuance of the undertaking, he would be entitiled to its restoration. He, therefore, prays that the undertaking may be discharged and he may be allowed to remain in possession of the premises.

(3.) The respondents in reply submit that they are using the part of the suit house as guest house in the name of 'Malika Tourist Home' on account of financial difficulties after the death of Sushil Bhutani, that they have not re-let the suit house, that they are still in possession of the car and need the premises in suit i.e. garage for parking the car. It is admitted that they have taken on rent premises at S-470, Greater Kailash I and a part of the family has shifted there, that they are using the suit house for residence as well as guest house.