HIRA NAND G. MASSAND Vs. R.R. GULRAJANI

JUDGEMENT

(1.) THIS second appeal under Section 39 of the Delhi Rent Control Act, 1958 (the Act) is directed against the order of the Rent Control Tribunal dated November 2, 1977.

(2.) THE dispute is in respect of first floor of property No. 391, Double Storey, New Rajinder Nagar, New Delhi. These premises were let out to the respondent R.R. Gulrajani in the year 1960 on a monthly rent of Rs. 85.50 by Gurdas Mal B. Massand. The said Gurdas Mal B. Massand admittedly died in September, 1967 leaving behind 7 heirs.

(3.) IN para 8 of the eviction petition the premises had been described as "two rooms, one bath, one latrine with open terrace (entire first floor) as shown red in attached plan." The contention of the learned counsel for the tenant was that a kitchen also on the first floor which had not been mentioned in para 8 and, therefore, the application was for partial eviction. This plea could not be accepted in view of the fact that the petitioner had specifically pleaded in para 8 that the accommodation with the tenant was the entire first floor. In view of the words 'entire first floor' the plea that it was for partial eviction had no merit and could not be accepted.