ASHOK KARAM Vs. A T JOTWANI

JUDGEMENT

(1.) This Revision Petition is directed against order dated 31st January, 1981 of an Additional Rent Controller dismissing the eviction petition which had been filed by the petitioner/landlord on the ground of bona fide personal requirement under clause (e) to the proviso of Section 14(1) of the Delhi Rent Control Act (hereinafter refer to as The Act.)

(2.) C.R. 388/81 The facts of this case in brief are that Government but property bearing No. 42/7, East Patel Nagar, Municipal No. 839 was allotted to late Sh. Jai Ram Dass, grand-father of the petitioner by the Department of Rehabilitation in the year 1950. The adjoining property No. 42/6, which too was Government built property, was allotted to Sh. J.J. Karam, father of the petitioner. Both these properties had similar type of accommodation. The premises in dispute comprising three rooms, a kitchen, a both room, a lavatory, back courtyard and one half of the front courtyard etc. was let out by the deceased Jai Ram Dass to the respondent in January 1963. Thereafter, Sh. Jai Ram Dass gifted , the property in question to the petitioner vide registered gift deed dated 16th April, 1964. Jai Ram Dass died in the year 1970. The respondent has been paying the rent to the petitioner since then.

(3.) The remaining two rooms in the property in question are in the occupation of the petitioner. However, he does not possess any kitchen, bath room or lavatory and he has been availing of these facilities in the house of his father which as stated above adjoins the property in question. Admit- tedly, the two rooms which are in possession of the petitioner adjoins the party-wall between the properties 42/6 and 42/7 and there is a door in the intervening wall so that the petitioner has a direct access to the house-of his father and he does not have to go from outside the house.