KRISHNA CHAUDHARY Vs. SHARAD SHARMA

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 dated 06.8.2011 by which the Additional Rent Controller has dismissed the eviction petition filed by the petitioner/ widow /landlady against the respondent/tenant under Section 14D of the Act. The suit/tenanted property is flat no.E -29, Gaurav Apartments, Plot No. 1, I.P. Extension, Delhi. The provision of Section 14D of the Act allows a bonafide necessity eviction petition to be filed by a widow when the tenanted premises are let by the widow or her late husband.

(2.) THE eviction petition is filed under Section 14D of the Act on the ground that the petitioner needs the suit/tenanted premises for her own use as a residence as she cannot continue to live in the Government quarter allotted to her.

(3.) AT the outset, I must express my angst not only at the impugned judgment, but also on the conduct of the respondent in harassing the petitioner/widow/landlady since the respondent is now sitting in the suit/tenanted premises at least from 1999 without paying a single rupee to the petitioner/landlady. The dishonesty of the respondent is so stark in the present case that I am allowing this petition with penal costs to the petitioner/landlady. The contumacious attitude of the respondent can be borne out from the fact that even after the arguments were heard on merits and it was proposed by the petitioner that forgetting the past, respondent can vacate the suit/tenanted premises in a short time, but, counsel for the respondent after obtaining instructions insists that the petition be decided on merits.