RAM GOPAL Vs. PURSHOTTAM DASS

JUDGEMENT

(1.) C.M. No.3801/2014 (exemption)

(2.) EXEMPTION allowed subject to just exceptions.

(3.) THIS revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugns the judgment of the Additional Rent Controller dated 4.5.2012 by which the bonafide necessity eviction petition under Section 14(1)(e) of the Act has been decreed. The respondent/landlord filed the eviction petition for bonafide necessity with respect to the tenanted premises of one room on the ground floor of the property bearing No.5166(part)/5167, 5167 -A and 5168, Basant Road, Pahar Ganj, Delhi -110055. The entire property is constructed on a very small area of land of about 76 sq yds. The family of the respondent/landlord comprises of himself, his wife and his son of marriageable age. Besides these family members, the respondent/landlord has two married daughters and for whom a guest room is required as the married daughters regularly visit the respondent/landlord. When we compare the family members of the respondent to the accommodation which is available to the respondent, it is seen that the respondent/landlord has on the ground floor of the premises, besides the tenanted room, one shop which is being used by him as a general store (kiryana). On the first floor, there are two rooms plus a store room (less than 100 sq feet) alongwith kitchen, bathroom, WC and open space. There is one small barsati room and WC on the second floor. The respondent needs one bed room for himself, one bed room for his son, one bed room as guest room for his married daughters, one drawing room, one store room and one puja room i.e. a total of four big rooms besides amenities of a store room, puja room, kitchen and WC, however, the respondent/landlord has only two rooms and one store room and hence there is an additional requirement of two big rooms and a puja room. At this stage itself I may note that the tin shed on the barsati/second floor cannot be used as a room and which aspect is discussed subsequently because the roof of the said room on the second floor is made of T -iron.