RAM NATH SHARMA Vs. KUNDAN KAUR

JUDGEMENT

(1.) This is a petition by the landlord Rain Nath Sharma challenging the order dated 27th February, 1984, passed by the Additional Rent Controller, Delhi, (hereinafter called 'the Controller'), whereby the petition of the landlord seeking eviction of the tenant-respondent hereinunder Section 14(1)(c) read with Section 25-B of the Delhi Rent Control Act (hereinafter called 'the Act') was dismissed.

(2.) A number of contentions have been raised in the petition. It is, however, not necessary to deal with all of them as, in my view, the case requires to be remanded to the Court of the Controller for re-adjudication on the point whether the daughter-in-law of the landlord is residing with him at Delhi. Admittedly, for about three years during the pendency of the eviction petition one of the sons of the landlord, namely. Major S. S. Agnihotri, was posted in Delhi. He had also appeared in the witness box as A.W. 2. After the parties had led evidence the tenant-respondent herein came to know that the said Major Agnihotri had been posted out of Delhi and had been transferred to Assam. Hence of 4th April, 1983, an interrogatory for the examination of the petitioner was submitted on behalf of the tenant. The question reads as follows :

(3.) The landlord filed an affidavit, verified on 5th July, 1983, in reply to the said interrogatory. It is at page 159 of the record. His everment contained in the said affidavit has a bearing on the decision of this petition and, therefore, it is useful to quote the same :