LAWS(DLH)-1993-3-19

BHUVANESHWARI DEVI Vs. KALYAN SINGH

Decided On March 09, 1993
BHUVNESHWARI DEV Appellant
V/S
COL.KALYAN SINGH Respondents

JUDGEMENT

(1.) This civil revision is directed against order dated 24/07/1986, by which the learned Additional Rent Controller bad dismissed the eviction petition brought by the petitioner on the ground ofeviction covered by Clause (e) of proviso to Sub-section (1) of Section 14 ofthe Delhi Rent Control Act.

(2.) Facts of the case, in brief, are that the petitioner had filed theaforesaid petition which was brought under Section 25-B of the Delhi RentControl Act. She had mentioned in the application that she is the ownerof the property in question and the premises had been let out to the respondent for residential purpose and she bona fide required the said accommodation for residence for herself and for her family members dependent upon herand she is not in possession of any other reasonably suitable residentialaccommodation.

(3.) Elaborating the facts she mentioned that premises in questionwere let out to the respondent on the conditn that he will vacate thepremises on 31/10/1982. The letting took place on 31/10/1981.She has mentioned that the ground floor which was let out to the respondentis needed by her as she is suffering from angina pectoris and high bloodpressure and has been advised by doctors not to climb up stairs and presentlyshe is living in second floor of Vishwa Apartments, Shankaracharya Road,New Delhi, which accommodation comprises of three bed rooms and onedining-cum-drawing with kitchen, bath and latrine and the family of thepetitioner comprises of herself, her husband, two married sons alongwiththeir wives having two children each and she has also a daughter who ismarried and often visits the petitioner. It was renpeated in the petition thatshe was having a chronic disease of engina pectoris and high blood pressureand doctors have advised her not to climb the stairs. She has also mentionedin para 9 of the petition that the ground floor is occupied by the respondent whereas the first floor is in occupation of another tenant. The demisedpremises are located in B-227, Greater Kailash 1, New Delhi.