INDER SINGH AHLUWALIA Vs. PREM CHAND JAIN

JUDGEMENT

(1.) By this petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter called the Act), the petitioner-landlord has challenged an order dated 16th of February 1991 passed by the Additional Rent Controller, dismissing the application filed by him against respondent No.1 for recovery of possession of Bungalow No.H-4, Green Park Extension, New Delhi under Section 14 (1) (c) of the Act.. he CR.338/91

(2.) The petitioner filed the eviction application in March, 1986 on the plea that the premises let out to respondent No.l by and under a lease deed dated 2nd of September 1970 for residential purposes are required bona fide by him for occupation as a residence for himself and for members of his family dependent of him, that he along with his brother Harjeet Singh Walia respondent No.2, is coowner of the premises, and that be has no other reasonably suitable residential accommodation. He is an Indian national a- Barrister practising law and living in Nairobi (Kenya). His work permit was due to expire. He wants to come back and settle down in Delhi. His family comprises himself, his wife and two sons who also will .come and live with him here. He does not own any other property in India.

(3.) Respondent No.1 contested the application. He denied averments made by the petitioner. He pleaded that the petitioner had many times asked him to enhance the rent and that be bad come to know that the petitioner was negotiating with property dealers to sell out the property. He alleged that the application for eviction was mala fide.