NARINDER KUMAR Vs. VISHNU KUMAR NAYYAR

JUDGEMENT

(1.) By this petition, Mr. Narinder Kumar has assailed the order dated 19th October, 1992 of the Additional Rent Controller dismissing his application for leave to defend and passing an order for eviction under Section 14(1) (e) of Delhi Rent Control Act (hereinafter called as the Act') against him.

(2.) The brief facts of the case are that Shri Vishnu Kumar Nayyar, the landlord instituted eviction petition on 4th February, 1992 against Narinder Kumar, the tenant on the ground of bonafide requirement. The landlord was working as Deputy Manager (Maintenance) Foundry in H.M.T. Ltd. Pinjore,Ambala, Haryana. The landlord let out the premises in question to the tenant consisting of two rooms, kitchen with common use latrine, bathroom and courtyard on a monthly rent of Rs. 800.00 vide agreement dated 15th July, 1986. The premises were let out for residential purposes.

(3.) The landlord retired from service with effect from 30th November, 1991. After retirement he wants to shift to Delhi and occupy his house in question which is under tenancy. Since the possession of the house is with the tenant, the landlord is presently residing at Panchkula in a rented house. His younger brother with his mother are accupying one room of the house in question. The mother and brother of the landlord are dependent on him for purposes of residence. So far as his family is concerned, he has one son and two daughters. His son is married and is employed at Chandigarh. His two daughters are married and residing at Delhi. It is for his use and use of his family members dependent upon him that the possession of the premises in question is required.