TEJBIR KAUR Vs. DAVENDER SINGH

JUDGEMENT

(1.) Tenant has felt aggrieved against an order passed on 27.1.1992 by Shri L.D. Malik, Additional Rent Controller, Delhi allowing the petition preferred by respondent under Section 14(1)(e) of the Delhi Rent Control Act (hereinafter referred to as 'the Act') and ordering petitioner's eviction from the premises in question.

(2.) Respondent Devinder Singh sought the petitioner's eviction from the suit premises known as 26-A, Ring Road, Lajpat Nagar IV, New Delhi comprising ground floor, first floor and second floor, as shown in the plan attached to the petition for eviction.

(3.) Petition was filed on 24.7.1994 in which it was averred that an application under Section 21 of the Act was moved by the respondent seeking permission to create limited tenancy in favour of the petitioner. Both he and the petitioner appeared before the additional Rent Controller along with a property dealer. After statements were recorded an impression was gathered by him that the learned court had granted the application for creating limited tenancy but later on it transpired that the requisite permission had in fact not been granted. Thus, according to the respondent, premises were let out to the petitioner on 18.9.1980 for residential purpose which now were required by him for his own bonafide requirements and for requirement of the other members of his family consisting of himself, his wife, two sons and a daughter and two male servants. The residential accommodation in his occupation was only an annexe comprising one drawing cum dining room in the ground floor with a kitchen and a bed room along with covered verandah on the first floor. The accommodation was too small. Since children were growing, servants were having only one servant quarter, he being a man of status, namely, son of late Maharaja Mahipal Singh, an ex ruler of Sarala State, number of guests do keep on visiting him from the State of Sarala, who used to stay during night also. Thus, he was in urgent need of accommodation for which there was no other alternate suitable acoommodation available to him except the accommodation in question.