BABU LAL Vs. BANWARI LAL AND SONS

JUDGEMENT

(1.) (Oral) An eviction petition was filed by respondents no.1 to 4/landlords under Section 14(1)(e) r/w Section 25B of the Delhi Rent Control Act, 1958 (herein- after referred to as the said Act) in respect of premises bearing no.XV/1729, Chuna Mandi, Pahar Ganj, New Delhi which was alleged to be let out for residential purposes to the petitioner. The extent of tenancy is one room measuring 10 x 12 and a khokha. The landlords claimed eviction on grounds of bonafide requirement for themselves and the members of their family.

(2.) The Additional Rent Controller allowed the petition in terms of the impugned order dated 02.05.1977 and the petitioners aggrieved by the same have filed the present revision petition.

(3.) A perusal of the impugned order shows that the ownership was established by proving the sale deed. Insofar as the question of purpose of letting is concerned, the plea of tenant that the premises were let out both for residential-cum-commercial purposes has been considered. This plea is based on the fact that the tenancy was originally created in favour of Sh. Fauji Ram by Kanwar Baldev Singh who was using the premises also for some small business in the knowledge of the landlord and the same was never objected to. After the demise of Sh. Fauji Ram the petitioner was carrying on the same business. The trial court found that the allegations were vague. The petitioner had stated in his testimony that his father was a washerman and was using the suit premises for ironing of clothes. There were no details set out in the written statement and the trial court on the conspectus of the evidence has come to the conclusion that the purpose of letting was residential. No fault can be found with this finding arrived at by the trial court on the basis of the evidence on record.