CASTROL LIMITED Vs. VIMLA LUMBA

JUDGEMENT

(1.) Notwithstanding the sympathetic attitude which is, at times, shown to the tenants in cases of eviction from residential premises, this is one of those cases which shows gross mala fides on the part of a tenant, who happens to be a multi-national company. It is a case of battle between David and Goliath, Goliath being the multi-nalional company which is a tenant and David being the widow who is the landlady.

(2.) The trouble of the respondent-landlady commenced when she let out the premises in question, namely, first floor of House No. 202. Golf Links, New Delhi to the Multi-National Company, namely, the petitioner. At the time when the premises were let out to the petitioner, the respondent was residing as a tenant in a house at I-B Mathnra Road, New Delhi. An eviction petition was filed against her on 12th May, 1971. While this eviction petition was pending, on 12th April, 1972 the ground floor of the house in question was let out to one Shri S.C. Jain.

(3.) On 5th February, 1973 an eviction order was passed against the respondent and she was asked to vacate the premises I-B Mathnra Road, New Delhi by 28th February, 1975. On 8th February, 1973 the garage and servant quarters at house No. 202 Golf Links, New Delhi were let out to the petitioner at a rent of Rs. 300.00 per month, On the following day i.e. on 9-2-1973, by another document the first floor of the house was let out at the rate of Rs. 1100.00 per month for a period of two years. The first floor of the house was given on lease, like the garage and servant quarters, for a period of two years and it was provided that the said term could be renewed or terminated with the consent of both the parties by giving three month's notice in writing. In the deed of 9th February, 1973 it was specifically provided that the premises will be used for residential purposes only. The earlier agreement dated 8th February, 1973 is silent as far as the letting purpose is concerned.