KAUSHALYA RANI Vs. WARYAM SINGH

JUDGEMENT

(1.) The present revision petition is directed against an order dated 25th April, 1981 of Shri K.C. Lohia, Additional Rent Controller, Delhi. Vide said order an application for leave to defend filed by the tenants was dismissed and the tenants were directed to be evicted.

(2.) Originally the tenant was Shri J.B. Kansal in respect of a portion of the first floor of house No. 34 UA, Jawahar Nagar, Delhi. He, however, died during the pendency of the litigation and was succeeded by his widow Smt. Kaushalya Rani and his minor son Deepak Kumar who are now the petitioners before this Court. S. Waryam Singh is the respondent and he is landlord of the premises.

(3.) According to S. Waryam Singh he is the owner of property No. 34 UA, Jawahar Nagar, Delhi. There is no dispute about the portion which is in occupation of Smt. Kaushalya Rani and her son. The landlord brought a petition under Section 25B read with Section 14(1)(e) of the Delhi Rent Control Act, 1958 for eviction of the tenant. According to the landlord, he required the tenanted portion for his occuption and that of his dependent sons, namely, Mohan Singh and Arjun Singh and a grandson Capt. K.N. Singh. The exact words in which the landlord described the details of the accommodation with him as well as his necessity are reproduced below :