S K DEY Vs. D C GAGEMA

JUDGEMENT

(1.) This revision petition is directed against order dated 12th of November 1981 of the Rent Controller whereby she dismissed the eviction petition filed by petitioner/landlord against the respondent/tenant as being without merit.

(2.) The undisputed facts of the case are that the petitioner is the owner/ landlord of premises bearing No. B-7/84, Safdarjang Enclave, New Delhi. It is a two storeyed building. The father of the petitioner Shri A. K. Dey has been residing on the first floor since 1969 when the Property in question was constructed. However, the ground floor has been let to different tenants from time to time. It was last let to the respondent on 1st January 1979 under an oral agreement of tenancy at Rs. 700.00 per mensem exclusive of water and electricity charges. On 24th July 1980 the petitioner filed an eviction petition against the respondent on the ground of bona fide personal requirement falling under clause (e) of the proviso to Section 14(1) of the Delhi Rent Control Act (in short 'the Act') read with section 25B of the Act.

(3.) The petitioner averred that he formed a Joint Hindu Family with his father who is a retired Senior Specialist, Planning Commission and is about 80 years old. However he had been suffering from severe lumbar osteoarthritis with spondy lolisthesis and esteoarthritis of both knees and ankles and so he is unable to walk and climb the stairs and has, therefore, been advised by a panel of doctors of Safdarjang Hospital to live on the ground floor. Even the mother of petitioner, who is about 66 years old, is a patient or arthrities of a serious nature and is unable to walk steadily and ascend the stairs. It was, therefore, contended that the first floor of the premises in question in which the parents of the petitioner had been residing was not suitable for their residence, Further, according to the petitioner, both his parents were dependent on him for residential accommodation, being members of his family and in order to ensure that they were looked after properly he wanted to send his wife over here from Calcutta, where he is presently employed, so that his parents get proper care and comfort in their old age.