SOBHA SINGH Vs. VINOD KUMAR

JUDGEMENT

(1.) This is a tenant's appeal against the order of the Rent Control Tribunal dated October 20, 1973. There is no dispute about facts. The appellants are father and son. Years ago they took on rent the respondent's premises Z-57, situated in West Patel Nagar, New Delhi. Both of them are collectively referred to as the tenant for the sake of convenience. The respondent purchased the premises in 1969 but they were in occupation of these premises as tenant even before the purchase, by the present landlord.

(2.) What appears to have happened later on is this. These very appellants took another premises subsequently on rent. They arc premises No. 26/78, also situated in West Patel Nagar.

(3.) After the appellants had acquired vacant possession of house No. 26/7'8 in West Patel Nagar the landlord brought an eviction petition on November 26, 1971. His ground of ejectment was that the tenant had acquired another residence. This is ground (h) of the proviso to S. 14(1) of the Delhi Rent Control Act, 1958, ("the Act"). Though another ground of substantial damage to the premises was also taken that was abandoned at an early stage of the Litigation.