LAWS(DLH)-1976-11-10

TILAK RAM Vs. MAYA DEVI

Decided On November 11, 1976
TILAK RAM Appellant
V/S
MAYA DEVI Respondents

JUDGEMENT

(1.) (Oral). This is a petition filed by the tenant against the order dated 30th July, 1976 passed by the Rent Controller, Delhi rejecting the application of the petitioner seeking permission to contest the application for leave to defend the eviction application and deeming the allegations made in the application to be correct and passing order of eviction of the petitioner under Section 14A(1) of Act 18 of 1976 in favour of the respondent and against the petitioner.

(2.) The respondent Maya Devi filed the application before the Rent Controller, Delhi, for an order for recovery of possession against the petitioner under section 14A(1) read with Sections 14(l)(e) and 25B of the Delhi Rent Control Act, as amended.

(3.) In the eviction application, it was averred by the respondentlandlord that petitioner Tilak Ram was the tenant and that she is the owner of the premises. The premises were let out to the petitioner for residential purposes. It was further averred that the husband of the respondent was allotted government quarter No. 484, Sector No. 9, R. K. Puram, New Delhi where they were residing, which was allotted to him by the Central Government, and it is now required by the Government vide order dated 27th December, 1975 to vacate the said quarter or in default to incur certain obligations, that is, to pay rent at the market rate which is too much and the respondent and her husband cannot afford to pay. Hence the said quarter has to be vacated. The premises is, therefore, required bona fide by the respondent for her residence and the residence of her family members, dependent upon her. She has no other residential accommodation for her residence- It will thus be noted that the application for eviction was filed by the respondent both under Section 14A(1) and on the grounds contained in proviso (e) to Section 14(1) of the Delhi Rent Control Act, as amended.