KULDEEP RAJ KAPOOR Vs. YASH PAL MOHINDROO

JUDGEMENT

(1.) The petitioner herein filed an eviction petition on the ground contained in clause (e) to the proviso to sub-section (1) of Section 14 of the Delhi Rent Control Act (hereinafter referred to as the Act), seeking an order of eviction against the respondent who is a tenant under the petitioner with respect to ground floor of property bearing No. 242, Double Storey, New Rajinder Nagar, New Delhi.

(2.) According to the landlord he is the owner of the premises and the same was let to the respondent for residential purposes. The petitioner-landlord has no other reasonably suitable residential accommodation particularly in view of the fact that ground floor residential accommodation is required by the landlord for his only son Suneel Kapoor. The said son of the landlord is suffering from Post Polio Residual Paralysis of left lower and right upper limb resulting in weakness and deformity and hunchback. He has a permanent disability described as 60% disability. The said son requires to stay in a ground floor accommodation. The premises where presently the landlord is residing is on the first floor for which the said son has to climb 16 stairs. The said son was aged 45 years at the time of institution of the eviction petition in September 1992. He has a wife and two children.

(3.) The respondent tenant applied for leave to contest the eviction petition. He mainly raised the following defences :-