PARVATI DEVI Vs. TIBBIA COLLEGE BOARD

JUDGEMENT

(1.) This is a Letters Patent Appeal by Parvati Devi, a tenant of a quarter in the Tibbia College Hostel Compound, Karol Bagh, New Delhi, and is directed against the judgment of the learned Single Judge dismissing her civil writ petition under Article 226 of the Constitution of India, in which her prayer was that the order of respondent No. 2 (copy Annexure 'A') dated 6th of June, 1964 be quashed.

(2.) That order was passed under section 19 of the Slum Areas (Improvement and Clearance) Act, 1956 (Act No. 96 of 1956- hereinafter to be referred to as the Act) on the application of the management of the Tibbia College Board, Delhi (respondent No. 1 and the only contesting respondent to the petition) for eviction of the petitioner-appellant. That application (copy Annexure R-1) was under sections 14 and 22 of the Delhi Rent Control Act, 1958 (Act No. 59 of 1958). There is no dispute about the facts, which, as found by the learned Single Judge, are as follows: Parvati Devi's husband Kamal Nain was a compounder in the hospital under the Tibbia College Board. He died on the 6th of June, 1939 and two days after his death the appellant made an application (copy Annexure R-4) for being allowed to work as an Aya for one or two months. She got a temporary appointment of an Aya and was allotted the quarter in dispute on the condition that if she did not continue in service she would have to vacate the quarter. This condition was accepted by her. Towards the end of December respondent No. 1 abolished the department in which the petitioner-appellant was temporarily employed and hence her appointment was cancelled and she was asked to vacate the quarter. On her failing to do so, the Rent Controller was moved by an application under sections 14 and 22 of the Delhi Rent Control Act, 1958 (copy Annexure R-1) for her eviction and the grounds on which her eviction was sought were as follows :-

(3.) Thereafter, as required by section 19 of the Act, College Board put in the application (copy Annexure R-2). that application that the impugned order was passed and the Authority (respondent No. 2) after narrating the facts observed that Parvati Devi being an illiterate widow of a compounder could be presumed to be poor but all the same the Tibbia College Board was entitled to the permission prayed for because as a public institution it had provided residential accomodation for allolment to its employees and if the protection envisaged by section l9 of the Act be afforded to the ex- employees then what would happen in a few years time would be that most of the houses owned by the public institutions would be occupied by the non-employees.