OM PRASAD SARIN Vs. AJIT MEHRA

JUDGEMENT

(1.) This rent control revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugning the judgment of the Additional Rent Controller (ARC) dated 09.12.2011 by which the ARC has dismissed the bonafide necessity eviction petition filed by the petitioners/landlords with respect to the suit/tenanted premises comprising of five rooms, one drawing room, two kitchens on the ground floor and one tin shed on the first floor of property bearing no.4538, Daiwara, Nai Sarak, Delhi-6 as shown in red colour in the site plan annexed along with the eviction petition. The eviction petition has been dismissed after evidence was led by both the parties.

(2.) The original eviction petition was filed by the landlady Smt.Munni Devi Sarin widow of late Sh.Amba Prasad Sarin for her own requirement as also the requirement of her two sons, one of whom was unmarried. The married son Sh.Rattan Prasad Sarin was having besides himself his wife, one daughter and two sons. When the eviction petition was filed in the year 1991, the two sons of Sh. Rattan Prasad Sarin were 10 years and 9 years of age, and therefore today these two sons would be 33 years and 32 years respectively. I am informed by the counsel for the petitioners that these two sons of Sh.Rattan Prasad Sarin are now in fact married.

(3.) (i) Besides the need for the landlady, her unmarried son Sh.Om Prasad Sarin and married son Sh.Rattan Prasad Sarin and his family, need was also projected for the son Sh.Raghubir Prashad Sarin, who was residing in Mathura and who has retired from a Gazetted post of a District Extension Executor, Family Planning Department in the State of U.P and wanted to shift to Delhi. Need was also projected for another son Sh.Ram Parshad Sarin, who was posted in Agra and was to retire in February 1993, and who also wanted to come to Delhi.