MOTIA KAUR Vs. SHANTI DEVI

JUDGEMENT

(1.) This second appeal U/S 39 of the Delhi Rent Control Act (hereinafter called the Act) by the tenant is directed against the order of the Rent Control Tribunal accepting the appeal of the respondents and granting an order for recovery of possession of the premises in dispute in their favour.

(2.) The husband of respondent No. 1 and father of respondents 2 to 4, Brij Raj Bhagat, was the landlord in respect of premises bearing No. 24-G, Kalhaji, New Delhi, occupied by the appellant as a tenant. On November 20. 1968, Brij Raj Bhagat filed an application for eviction on the ground of personal bona fide need. This application was dismissed by the Additional Rent Controller on June 6, 1970. Aggrieved from this, Brij Raj Bhagat filed an appeal. Oa April 26, 1972, during the pendency of this appeal, Brij Raj Bhagat died. The Rent Control Tribunal impleaded the present respondents a? the legal representatives of the deceased landlord and by order dated November 23, 1972 accepted the appeal. This order is the subject-matter of this appeal.

(3.) In reply to the application for eviction, amongst others, it was contended by the tenant that the landlord was not entitled to an order of eviction in view of section 14 (6) as the period of five years had pot elapsed from the date when he acquired the premises but this contention was negatived. In the second appeal to this Court the tenant took several grounds, including the ground that the finding that the landlord was entitled to an order of eviction, in spite of section 14 (6), was wrong and also that in any view, after the death of Brij Raj Bhagat, the application for eviction based on the ground of his personal need should have been dismissed. The admitting Bench, admitted the appeal only on the question as to the plea of section 14 (6) of the Act