BALRAJ MEHTA Vs. VICKERS INDIA (PVT.) LTD

JUDGEMENT

(1.) THIS judgment shall dispose of S.A.O. No. 146 of 1982 and Civil Revision No. 145 of 1983. It will be convenient to dispose of these cases together as they are between the same parties and involve common questions of fact and law. This case has the sad story to tell of a landlord whom the complexities of law and irony of fate are eluding the hope to spend his retired life comfortably in his own house probably built with the whole life's savings.

(2.) THE appellant Balraj Mehta is the owner of the premises described as House No. C-3, Defence Colony, New Delhi. The said house comprises three-bedrooms, a drawing-cum-dining, kitchen, water closet, garage and a servant quarter with other facilities of a lawn etc. The appellant let out the said premises to M/s. Vickers India Private Ltd. by a lease deed dated 15th March, 1967 at a rent of Rs. 650/- per month which was in 1973 increased to Rs. 750/- per month. The appellant in 1967 was posted at Simla. He was transferred to Delhi in 1968. The appellant on transfer to Delhi took up residence with his father who has a house at A-1, Nizamuddin East. The appellant shared accommodation with his parents on the first floor; the ground floor was on rent. The father of the appellant has two sons and two married daughters. The first floor at A-1, Nizamuddin consisted of three rooms plus a bath room and other essential facilities.

(3.) THE appellant in March 1975 requested the Government for allotment of a government accommodation but this request of his was refused on the ground that he owned a house in Delhi, that is, the place of his posting. The appellant gave notice to the tenant requesting the tenant to vacate the house as he required the house for his own occupation. The tenant did not vacate the house in spite of repeated requests by the appellant.