RAJENDER KUMAR DUGGAL AND ORS. Vs. SANJOG BEDI

JUDGEMENT

(1.) The petitioner is aggrieved by the impugned judgment dated 06.06.2013 wherein the eviction petition filed by him (Rajender Kumar Duggal) seeking eviction of his tenant (Sanjog Bedi) in proceedings under Sec. 14 (1) (e) of the Delhi Rent Control Act (DRCA) stood dismissed. This was after trial.

(2.) Record discloses that there are two petitioners before the Trial Court namely Rajender Kumar Duggal and Ashok Kumar Duggal. Both were sons of late Raghunath Duggal. They had sought eviction of the tenant from the suit property i.e. House No. 47, Block 52, Ramjas Road, Karol Bagh, New Delhi. The tenanted premises were on the ground floor comprising of three rooms, one kitchen, one W.C., one bathroom and one covered verandah and open courtyard (depicted in red colour in the site plan). The tenancy was initially created in the name of Brahm Dutt Sharma. This was in the year 1952. Monthly rent of Rs.110/ - per month which was exclusive of electricity and water charges. After the death of Brahm Dutt Sharma on 19.05.1997, the respondent (Sanjog Bedi) illegally occupied the suit premises. A civil suit for possession was also filed by the landlords against Sanjog Bedi and her husband. This suit was dismissed on 28.08.2009. That Court was of the view that the respondent had inherited the tenancy from the original tenant i.e. from her brother and thus her case would be covered under the DRCA. The present petition was accordingly filed.

(3.) Petitioner No. 1 is aged 81 years and petitioner No. 2 is aged 71 years. The family of petitioner No. 1 comprises of himself, his son (R.R. Duggal), daughter -in -law (Bhawna Duggal) and three grand children aged 19, 14 & 13 years respectively. Petitioner No. 1 has another son Harish Kumar Duggal who is a resident of Holland who visits petitioner No. 1 often. Harish Duggal's family comprises of his wife, three sons and a daughter. The family of petitioner No. 2 comprises of himself and his wife Sudershan Rani. He has a married daughter living at Canada. She visits India regularly to meet her parents. Her family comprises of herself, her husband and two grown up sons. Petitioner No. 2 is a resident of Punjab but frequently visits Delhi for 10 -12 days on an average in a month. His wife is undergoing treatment at Sir Ganga Ram Hospital and her treatment papers had been filed along with the eviction petition. Submission of the landlord being that their accommodation is insufficient as the present accommodation comprises of only one bed room, one dining room, one kitchen and one toilet and gallery with open courtyard on the ground floor; there is one drawing room, 4 bed rooms, 2 kitchens and two bathrooms/toilet and a gallery on the first floor. The second floor comprises of two rooms, one kitchen, one toilet and an open courtyard. This is in occupation of A.K. Marwah, the nephew of the petitioners. He is aged 65 years. No steps had been taken to oust him because of the close relations with A.K. Marwah. The residential need is of petitioner No. 2 which is bonafide as he has to come to Delhi often from Punjab not only for his own self but also to treat his ailing wife and the accommodation presently available with the family is insufficient to accommodate him. Apart from this property, the petitioners have no other suitable accommodation. Eviction petition was accordingly filed.