S R BOSE Vs. S GURBAX SINGH

JUDGEMENT

(1.) This petition is directed against order of the RentController dated 6/11/1992, by which he, while refusing to grantleave to defend to the petitioner, has passed an eviction order on the groundof eviction covered by Section 14C of the Delhi Rent Control (Amendment)Act, 1988.

(2.) S. Gurbax Singh, Gurnam Singh (two sons of deceased ArjanSingh) and Smt. Ranjit Kaur, Smt. Gursharan Kaur and Smt. Ranbir Kaurthree married daughters of Arjan Singh) had filed the petition seekingeviction of the petitioner tenant from the rooms, kitchen, latrine, bath. two.stores, as shown in red colour in plan filed alongwith the petition, located inEA-32, Inderpuri. New Delhi. The eviction was sought on the ground thatGurbax Singh, the co-landlord/co-owner of -the property, who had retiredfrom Government service as Head Clerk in the year 1979 and had vacatedthe Govt. accommodation and was presently residing with his son in atenanted "house at D-5, Naraina Vihar, bonafide requires the demisedpremises for occupation for himself and members of his family. The property originally was owned by his parents, who had since died leaving behindonly the respondents as the co-owners/landlords. It is admitted case thatprior to filing of the present petition on the basis of the Delhi Rent Control(Amendment) Act, 1988 (Act 57 of 1988) which introduced this new groundof eviction covered by Section 14C, the respondents bad already filed aneviction petition on the ground of bonafide covered by Clause (e) of provisoto Sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958, inwhich leave to defend had been granted to the tenant, inter alia, on his pleathat the premises in question had been let out to him for residential-cum-commercial purposes.

(3.) The present eviction petition, thus, was based on a new cause ofaction which became available to Gurbax Singh on the basis of the amendment of the Act and the respondents brought a petition within the limitationprescribed under the statute.