LAWS(DLH)-1976-11-7

HARBHAJAN SINGH Vs. P N CHOPRA

Decided On November 23, 1976
HARBHAJAN SINGH Appellant
V/S
LT.COL.MALIK ANUP SINGH Respondents

JUDGEMENT

(1.) This appeal is directed against the order of the learned Rent Control Tribunal dated June 8. 1976 firming the order of eviction dated October 10. 1972 passed by Shri R. P. Gupta, Additional Rent Controller, Delhi, against the appellant-tenant under clause (e) of proviso to Section 14(1) of the Delhi Rent Control Act (hereinafter referred to as "the Act").

(2.) The main question which arises in the present appeal is whether the appellant was a contractual or statutory tenant at the time of termination of his tenancy by notice dated November 18, 1970 and if so whether the notice dated November IS. 1970 was valid.

(3.) The respondent is the owner of the premises in dispute. No. C-86, Defence Colony, New Delhi, while appellant was a tenant under him in respect of the ground floor only at Rs. 600.00 per month, excluding water and electricity charges. On or about 28th January, 1971 the respondent filed a petition against the appellant claiming eviction of the appellant on two grounds (i) non-payment of rent with effect from 1st April, 1970 despite service of notice of demand dated November 18. 1970 and (ii) bona fide personal requirement. Eventually, the eviction petition was accepted on the ground of bona fide personal requirement only.