A K VERMA AVSM Vs. NARINDER SINGH

JUDGEMENT

(1.) Feeling aggrieved by the order dated 5.2.2001 passed by learned Additional Rent Controller whereby the eviction petition of the petitioner seeking eviction sought on the petitioner was dismissed on the ground under Section 14 B of the Delhi Rent Control Act which entitles the members of the armed forces to recover immediate possession of the premises on his either release from the service or retirement was dismissed, he has preferred this petition.

(2.) The eviction was sought on the ground that the petitioner has retired from the medical wing of Army where he held the post of Director General on 31.7.1995 having the rank of Major General.

(3.) The suit preemies were originally owned by petitioner's father, who left behind his wife, the petitioner and his daughter as his LRs and consequently they became the joint owners of the suit property. During the life time of the father of the petitioner, petitioner's sister had started living in the house. Since the petitioner wanted to make additions in the premises in question he required the government loan and to facilitate this the mother and the sister relinquished their share in favour of the petitioner, thereby making him the absolute owner of the property. However, sister of the petitioner continued and till date is continuing residing in the house in question though she shifted subsequently in the barsati floor. Prior to instant eviction petition, petitioner had also filed a petition on the ground of bonafide requirement as contemplated under Section 14(1)(e) of the DRC Act.