PURNI DEVI Vs. TARA CHAND

JUDGEMENT

(1.) TARA Chand, respondent, is in possession of one room, a kitchen, with common latrine, a portion of House No. 291/1 (old) X-259 (new) Mohalla Ram Nagar, Gandhi Nagar, Delhi as a tenant under the petitioner Smt. Purni Devi on a monthly rent of Rs. 30/-. The room was admittedly let out to him in or about the year 1962 and the kitchen was let out six or seven years thereafter.

(2.) ON June 8, 1971 the landlady filed a petition for eviction of the tenant under clauses (a) and (c) of the proviso to sub-section (1) of Section 14 of the Delhi Rent Control Act (the Act). Her claim for eviction under clause (a) was negatived because the tenant had complied the order made under Section 15(1) of the Act. As regards the misuser it was held by the Addl. Controller that the premises had been let out for residential-cum-commercial purposes and running of a shop did not amount to nuisance. The appeal filed by the landlady was dismissed by the Rent Control Tribunal only on the ground that the misuser of the premises was not of such a nature that it was a public nuisance or that it caused damage to the premises or was otherwise detrimental to the interest of the landlady.

(3.) MR . Vats, learned counsel for the landlady, submitted that the findings recorded by the Addl. Controller in the previous eviction petition regarding the letting purpose had been set aside in term by the learned Rent Control Tribunal and, therefore, there was no question of that finding being res judicata. He also urged that keeping in view the facts and surrounding circumstances it had been proved that the letting purpose was residential only and the finding to the contrary was erroneous. I find merit in this submission.