MANOHAR LAL Vs. MOOL CHAND

JUDGEMENT

(1.) The second appeal under S. 39 of the Delhi Rent Control Act, 59 of 1958 (hereinafter referred to as 'the Act') has been filed by the tenant against the appellate order of the Rent Control Tribunal, dated 9th January, 1975, by which it has, after condoning the delay in filing the appeal, dismissed it on merits, thereby affirming the order of the Additional Controller, dated 13th September, 1973 finally ordering eviction of the appellant from the premises in dispute on the ground of bona fide personal necessity.

(2.) . The dispute between the parties relates to one room in B 34, Inder puri. New Delhi, which was let out by the respondent landlord to the appellant on a rent of Rs. 25.00 per month The respondent instituted a petition for eviction on the grounds mentioned in clauses (a)(c) and (e) of the provision to sub-section (1) of the section 14 of the Act, but the other grounds of eviction did not survive and eviction has been ordered only on the ground of personal bona fide necessity mentioned in clause (e) of the proviso. The eviction petition was contested by the appellant. The Additional Controller and the Tribunal have both come to the conclusion that respondent landlord hona fide needed the premises for residence of himself and members of his family within the meaning of the relevant clause (e) and so eviction of the appellant has been ordered.

(3.) . Mr. Mehta, the learned counsel for the appellant, has contended that the respondent landlord has in his possession five rooms, two of which are used by him for residence of the members of his family, while of the remaining three rooms, two are used for tethering buffaloes and the third for keeping fodder, and that the respondent landlord can easily acquire vacant possession of the aforesaid one or more rooms for his residence and that his application for eviction of human beings while housing his buffaloes is not bona fide and the findings of the Tribunal qelow must be reversed.