N K RASTOGI Vs. KARORI LAL

JUDGEMENT

(1.) This appeal is directed against order of Rent Control Tribunal dated September 26, 1987 by which he confirmed the order of eviction passed by an Additional Rent Controller on. August 20, 1987 on the ground of eviction covered by clause (h) of proviso to Sub Section I of Section 14 of Delhi Rent Control Act by giving a finding that tenant has acquired a residential flat bearing No. 12, Vasant Vihar in the name of his wife, Asha Rastogi.

(2.) The learned counsel for the appellant, in assailing the impugned order, has contended that onus was on the respondent/ landlord to prove that in fact the flat acquired by appellant's wife is a benami transaction and the real owner is the appellant and in the present case, no such evidence has come on the record and even the two tribunals have not upheld the case of the landlord that the tenant had acquired the said flat benami in name of his wife and thus, the impugned order is vitiated on that score. He has also contended that mere acquisition of a residential flat by the tenant's wife does not furnish any ground of eviction under the Delhi Rent Control Act. He has strongly placed reliance on a case decided by Single Bench of this Court in. case of Revti Devi Vs. Kishan Lal, (1) 1970 Rent Control Reporter 71 and also on the pronouncement by the Supreme Court in B. R. Mehta Vs. Atma Devi, (2) AIR 1987 Supreme Court 2220 and has fried to distinguish the judgment given by the Supreme Court in case of Prem Chand Vs. Singh Singh, (3) 1981 Delhi Rent Judgments 287.

(3.) The learned counsel for the respondent, on the other hand, has contended that ratio of the law laid down in the case of Prem Chand (supra) endorsed by Supreme Court in case of B. R. Mehta (supra) clearly applies to the facts of the present case even though the landlord has not been able to prove that the residential flat has been acquired benami in the name of the wife of the tenant. He has also placed reliance in a case decided by Since Bench of this Court in V. K. Malhotra Vs. Smt. Ranjit Kaur, (4) 1985 (1) R.C.J. 250 and a judgment of the Single Bench of the Gujarat High Court in the case of Hamukhlal Raichand Shah Vs. Arvindbhai Mohanlal Kapadia, (5) 1988 (2) K.C.J. 573.