JAGAT NARAIN D Vs. MAMLESHWAR PD

JUDGEMENT

(1.) Respondent 1 Sued petitioner for eviction on various grounds including sub-letting, building own house. Petitioner's father and uncle were living in the premises from 1938. Petitioner, respondents 2 to 6 were there since 1950. The- tenant was petitioner & 2 to 6 were his relations. Additional Controller held that subletting and building own house was proved. In appeal. Tribunal held that only building own house [S. 14 (l)(h)] was established. Tenant appealed to High Court. [After detailing above, judgment proceeds.

(2.) Shri Jagat Narain (respondent No. 1 to the petition) died op 5-6-83 leaving behind his widow, two sons and a daughter. An application (C.M. 2207/83) was filed to bring on record the legal heirs of Jagat Narain. The said application .was allowed on 9-8-84. The important aspect of this application which needs mention is that none of the legal heirs of Jagat Narain are shown to be residing in the demised premisas. The address given of Laxmi Devi Seth (widow) and Padam Narain Seth (son) is at Q-7, Model Town, Delhi. The address given of (be second son Prem Narain Seth is A-1/11, Model Town, Delhi. The daughter is residing at Q-10, Model Town.

(3.) There is overwhelming and unimpeachable evidence on the record that Jagat Narain had round about 1970 built or acquired the house Q-7, Model Town and shifted to that house along with his family. Jagat Narain who was examined on commission on 10-11-80 stated that his son Padam Narain Seth is residing at Q-7, Model Town, and his son Prem Narain Seth was also residing in his own house is Model Town and that his daughter Savitri Khanna is also residing at Model Town in her own house. He further stated that he had telephone No. 225843 at Shish Mahal house (tenanted premises) and that the said telephone was first shifted to chhipiwara and thereafter to Model Town.