(1.) This revision petition has been tiled against theorder dated 16.7.1988 passed by Shri V.K. Jain, Additional Rent Controller,Delhi whereby he has allowed the eviction petition of the respondent-landlady for bonafide requirement under Section 14(l)(e) of the Delhi RentControl Act (hereinafter referred to as the 'Act').
(2.) The relevant facts set out in the pleadings of the parties necessaryfor determining the point in controversy are that the respondent, who hasstated herself to be the owner of Flat No. 6-B, Raj Hans, 33-Prithvi Raj Road,New Delhi (hereinafter referred to as the premises), let out these premises toMilk Food Ltd i.e., the petitioner-tenant for the residence of its ManagingDirector Shri K.S. Jaiswal at a monthly rent of Rs. 2.000.00 plus Rs. 600.00 forfixtures (in all Rs. 2.600.00 per month). The respondent's husband, viz., MajorSatish Khanna who had been in military services was getting subsidiary fromthe Government under the rules of Military services for the accommodation;he and the respondent were living in a house in Delhi on rental basis while inmilitary service. However, the respondent's husband had been retired andrelieved from military service w.e.f. 30.11.1980 and his accommodation inthe military service stands withdrawn. The respondent, therefore, requiredthe premises for occupation as residence for herself and for the members ofher family dependent upon her. According to the respondent-landlady, shehas no other accommodation in Delhi except her own house/flat in dispute inwhich the petitioner-tenant is residing.
(3.) The petitioner-tenant has not disputed that the premises were letout to it for use for residential purposes but not for the residence ofMr. K.S. Jaiswal only by the respondent-landlady. However, it has beenemphatically denied that she is the owner of the premises and according torecords of the L. & D. O. Shri R.K. Gupta, father of the respondent, is theowner of the premises.