TRESSA NAIR Vs. SOBHA RAM

JUDGEMENT

(1.) No. 25/23 Old Rajinder Nagar, New Delhi consisting of one room, store with common use of Verandah, bath, latrine and open courtyard, to the respondent Sobha Ram on a monthly rent of Rs. 100.00 on 7.11.74. On 8.11.79 she brought a petition for his eviction from the said premises u/s 14(l)(e) of the Delhi Rent Control Act (the Act).

(2.) The tenant defended the claim on a variety of contentions. These are (i) the petition did not disclose a cause of action for want of plea that the landlady had no other reasonably suitable accommodation, (ii) the letting purpose was residential cum-commercial and (iii) the landlady required accommodation for herself and her daughter only, the accommodation with her was reasonably suitable. The petition had been filed because the tenant had filed a suit for recovery of Rs. 10,000.00 which he had advanced to the landlady on the day of letting and had obtained a decree. She had even withheld the rent deed executed at the time of letting. Her requirement was not bonafide.

(3.) Those pleas found favour with the ARC. He consequently dismissed the eviction petition on May 5, 1984. Feeling aggrieved the landlady has brought this revision u/s 25B(8) of the Act.