HARDAYAL SINGH Vs. CAPT K V BATRA

JUDGEMENT

(1.) The petitioner, Hardial Singh, is the owner/landlord of the premises bearing No.C-82, Defence Colony, New Delhi. The respondent, capt. K.V.Batra, is the tenant in the said premises under the petitioner.

(2.) The petitioner filed a petition on 22 December 1983 for the eviction of the respondent/tenant under section 14 (1 )(e) read with section 25-B of the Delhi Rent Control Act, 1958 (for short the Act) on the pleas that he is an old person of about 75 years of age, suffering from coronary heart disease with "effort angina ventricular and super ventricular ectopic activity", and that petitioner's wife, aged about 71 years is also suffering from acute depression and is under treatment of Dr. D.Mohan, Associate Professor, All India Institute of Medical Sciences (AIIMS), New Delhi; he after retirement from service is living in village Jamey Rae district Amritsar where no medical facilities are available; none of his children is living with them in the village; petitioner's one daughter, who is a doctor is living in Delhi; he wants to avail of proper medical facilities available at Delhi and bonafide requires the premises in question for occupation as his residence.

(3.) The eviction petition was opposed by the respondent, denying allegation of bona fide requirement and claiming that the petition was mala fide, filed for ulterior purpose to increase the rent. After evidence, the learned Addl. Rent Controller dismissed the eviction petition on 04 March 1991 against which the present petition has been filed under section 25B (8) of the Act by the petitioner/landlord, assailing the findings of the Rent Controller as being perverse, contrary to and based on misreading of evidence, ignoring material facts and rejecting oral and documentary evidence adduced, resulting in serious miscarriage of justice.