LAWS(DLH)-2016-5-313

ROGER SAMION Vs. RASHIDA BEGUM & ORS

Decided On May 04, 2016
Roger Samion Appellant
V/S
Rashida Begum And Ors Respondents

JUDGEMENT

(1.) This is a revision petition filed by the petitioner/tenant against the order dated 22.01.2015 by virtue of which the leave to defend of the petitioner has been rejected and an order of eviction has been passed.

(2.) Briefly stated the facts of the case as given in the petition are that respondent/landlady is the owner of premises comprising two rooms, two bath rooms, one WC along with open terrace, bearing municipal No.B -16/1, first floor, Connaught Place, New Delhi, hereinafter referred to as the tenanted premises. The said tenanted premised were let out to one Charles Samion way back in 1933 or so and the present monthly rent of the premises is stated to be Rs.86/ - per month excluding electricity and water charges. Charles Samion died sometime early 50's and he was survived by two sons Harry Samion and Joseph Samion. Harry Samion attorned the present respondent as the landlady and continued to pay rent @ Rs.86/ - to the respondent/landlady. Harry Samion died in the year 2005 and he was stated to be residing along with his family in the tenanted premises. After his death Cyril Samion son of Harry Samion was accepted to be the tenant by the respondent/landlady as there was no other legal heir of Harry Samion living along with him at that point of time. Cyril Samion was having three sisters and one brother. All sisters were married and brother by name of David had unfortunately expired.

(3.) Respondent/petitioner in her petition stated that she herself is aged 68 years, her husband is around 70 years and she has two sons Mohd. Zafar Yamin and Mohd. Firoz Yamin both of whom are married and are having their wives and children. She has also stated that there are four grandchildren in the age group of 16,4 and 14 and 3 years respectively. Thus the family consists of almost ten members. She has stated that she is living in her first floor flat measuring around 1260 sq. ft. consisting drawing room, dining room, two bed rooms, one pooja room, one kitchen, apart from verandah etc. and an open terrace at property No.8/48, Malcha Marg, New Delhi which is grossly insufficient to meet the requirement of the entire family. She has accordingly set up a claim of her bona fide requirement of six bed rooms, six bath rooms, one drawing room, kitchen, prayer room, two servant rooms, etc. which obviously, cannot be met without seeking the eviction of the present petitioner from the tenanted premises. It has been stated that in case the tenanted premises are vacated she will ask her younger son, namely, Mohd. Firoz Yamin to shift to the premises at Connaught Place, New Delhi along with his wife and children.