ANAND GOPAL JHINGRAN Vs. ARJUN DEV

JUDGEMENT

(1.) This appeal is directed against the order dated 15th July, 1980 passed by Shri V.S. Aggarwal, the then Rent Control Tribunal, Delhi in RCA No-245/77.

(2.) Briefly, stated the facts of the case are that the appellants who are the owners and landlords with regard to the property bearing No.5958, Jawahar Nagar, Delhi filed an eviction petition under Section 14(1 )(e) of the Delhi Rent Control Act, 1958 (in short the act) against three tenants including the respondent Shri Arjun Dev who is a tenant with regard to a flat on the first floor of the said house. Admittedly, this flat was let out to the respondent for residential purpose. Shri O.P. Dwedi, the then IIIrd Additional Rent Controller, Delhi by his order dated 24th January, 1977 allowed the eviction petition of the londlords against all the three tenants including the respondent.

(3.) Aggrieved by the order dated 24th January, 1977 passed by the learned Additional Rent Controller, the tenant filed an appeal bearing RCA No.245/77 and the learned Rent Control Tribunal by his order dated 15th July, 1980 allowed the appeal of the tenant. In this order it was stated that during the pendency of the appeal one tenant, namely, Shri S.N. Kapur had vacated four rooms on the ground floor and had delivered the vacant possession of the said rooms to the landlords. It was further stated in this order that the landlords required three separate bed rooms, a guest room, a drawing room, a dining room and library- cum-study room i.e. to say 7 rooms and after obtaining the possession of 4 rooms from the tenant Shri Kapur, the landlords were having 7 rooms including the accommodation already available with the landlords and therefore presently they did not require any additional accommodation. Keeping in veiw these facts, the appeal of the tenant was accepted and the order passed by the learned Addl. Rent Controller was set-aside and the petition of the landlords for eviction was dismissed. The present appeal which has been filed by the landlords against the aforesaid order dated 15.7.80 passed by the learned Rent Control Tribunal, was admitted on 8.10.80.