LAWS(DLH)-2004-11-48

RADHA PAINTAL Vs. NARINDER NATH BAKSHI

Decided On November 03, 2004
RADHA PAINTAL Appellant
V/S
NARINDER NATH BAKSHI Respondents

JUDGEMENT

(1.) This petition is directed against the judgment dated 6.4.2002 of the Additional Rent Controller, Delhi in Petition No. E-862/00 (Old No.3/94) and E-863/00 (Old No. E-174/94) wherein the Additional Rent Controller has decreed the Suit of the landlord under Section 14(1)(e) of the Delhi Rent Control Act (for short 'the Act') but dismissed it under Section 14(1)(h) of the Act.

(2.) Brief facts of the case as noted by the Additional Rent Controller are as follows:-

(3.) It is contended by counsel for the petitioner that the premises in question was let out for residential and commercial purposes and, therefore, the landlord could not be entitled to possession under Section 13(1)(e) of the Act. He draws my attention to Exhibit PW- 1/2, PW1/3, PW1/9 and PW1/10, which are rent receipts wherein 'commercial purpose' is mentioned. He also contends that the landlord had sufficient alternative accommodation inasmuch as Premises No. 253, Ghee Mandi, Pahar Ganj, is available to the petitioner.