SHAFI BAKSHI Vs. KRISHNA BANSAL

JUDGEMENT

(1.) This revision petition under section 25B (8) of the Delhi Rent Control Act, 1958 read with sections 115and 151CPC is directed against the judgment,dated 05 July 1989, of the Addl. Rent Controller, Delhi, who had passed a decree for eviction of thepetitioner/ tenant (hereinafter referred to as the tenant) from the ground floor of house No. S-77, Greater Kailash, Part I, New Delhi on respondent's/Iandlady's (hereinafter referred to as the landlady) application undersection 14 (1) (e) of the said Act.

(2.) The landlady, a widow of an Air Force Officer, let out to the petitioner the entire ground floor of the said property comprising of three bed rooms with attached baths, one drawing-cum-dining room, one kitchen-cum-pantry, back verandah and courtyard, one servant's quarter and lawn in front, on 27 December 1979, vide a registered lease agreement dated 27December 1976,(Ex.A-l),for a fixed period of two years commencing from 01 January 1977, initially at Rs.1,800.00 p.m. It appears that the rent was subsequently increased to Rs.2,200.00 p.m. According to the landlady, she bona fide required the said premises for her and her family's residence, dependent on her.

(3.) On leave to contest being granted, the tenant in the reply filed, denied that : (i) the landlady was the owner of the tenanted premises, (ii) she required it bona fide for her and her family members, or that (iii) her son was living with her. He further claimed that the premises were let out for commercial-cum-residential purposes and right from inception of the tenancy, he had been doing business therefrom and had been paying rent bycrossed cheques from the account of his business firm. He alleged that the landlady wanted to increase rent which was pot agreed to by him and, therefore, the landlady filed the eviction petition.