ATRO DEVI Vs. DITTU RAM

JUDGEMENT

(1.) This is a revision against the order of the Rent Controller dated 24-1-1981. The landlady sued the tenant for eviction on the ground that one room in property No. 867 Mehrauli was let to the tenant on a monthly rent of Rs. 10.00 for residential purpose and that she required the same for occupation for herself and members of her family and that she had no reasonably suitable residential accommodation.

(2.) The tenant contested the petition mainly on one ground. His defence was that this room was a part and parcel of a single tenancy consisting of one shop of 2 rooms. It is not in dispute between the parties that the tenant is carrying on a druggist shop in the two rooms constituting the shop from the very inception of the tenancy in 1958. This room appears to have been taken by the tenant sometimes later on. It is the landlady's own case that it was being used by the servants of the tenant. On the evidence adduced by the parties the Rent Controller came to the conclusion that the two rooms of the shop and one room in dispute constituted one single tenancy and the purpose of letting was a commercial purpose. In this view of the matter she dismissed the eviction petition.

(3.) The evidence on the record shows that the Landlady was issuing a consolidated receipt for the shop as well as this room. The plan of the property also shows that the shop as well as the room interconnected and form one single unit. The shop opens on the main road. The room opens at the back on the gali side. There is no intervening wall between the shop and the room. The structural character of the premises established that they constitute a single tenancy.