KARTAR KAUR Vs. L WALIA

JUDGEMENT

(1.) This Second Appeal is brought against judgment of the Rent Control Tribunal dated August 8, 1988 by which he had dismissed the appeal brought by the landlady against the judgment of Additional Rent Controller dated March 24. 1986 by which he had negatived the ground of cviction covered by clause (c) of proviso to sub-section I of Section 14 of Delhi Rent Control Act.

(2.) Facts in brief in are that Mehtab Singh, husband and. predecessor in interest of the appellant, was the owner of double storeyed house No. 2/10, West Patel Nagar, New Delhi. Somewhere in the year 1962, Mehtab Singh had inducted, the respondent as tenant in the complete ground floor of the said house at the rental of Rs.600 per mensem besides water and elecircity charges He had. brought the eviction petition on the ground of bonafide requirement for residence of the landlord and his family members and on the: ground of substan.ti3l damege covered by clause (e) & (j). Mehtab Singh died during the pendency of the proceedings and Kartar Kaur was substituted as petitioner and other legal heirs of Mehtab Singh were impicacled as respondents who did not claim any interest in the property.

(3.) The ground ol' substantial damage covered, by clause (i) was made out and in view of Section. 14(10) of Delhi Rent Control Act the respondent /tenant was given time of one month for restoring the damage wall to its original condition. It is now admitted that the gate which was opened in the wall intervening the properties No. 219 and 2110, West Patel Nagar was removed and the wall was re-stored, to its original position and that ground no longer survives for declsion in this appeal.