RATTAN LAL Vs. MAHABIR SINGH

JUDGEMENT

(1.) The petitioner, Shri Rattan Lal is the owner/landlord of i of the property bearing No. 4070-4072. Naya Bazar, Delhi. Shri Ram Sarup, respondent No. 3 is in occupation of this portion of the property as tenant @ Rs. 123.32 per mensem. On 28-4-1969 the petitioner filed an application under Section 19 of the Slum Areas (Improvement and Clearance) Act against the respondent. Ram Samp for instituting a suit for obtaining a decree/order for his eviction on the following amongst other grounds :

(2.) Notice of the filing of the application was duly served on the tenant. During the course of the pendency of the proceedings the petitioner filehis own affidavit regarding the status/means of the respondent and his capacity to acquire an alternative accommodation. The tenant filed his counter-affidavit, in which he took up the stand that the tenancy in respect of the premises in dispute is in the name of M/s Sundoo Mal Ram Sarup, who are the real tenants of the premises in question and by not joining the firm the present petition is not maintainable. It is also alleged that there is no privity of contract of landlord and tenant between, the parties. Even otherwise the respondent is not in a position to acquire another suitable alternative accommodation now is he possessed of sufficient means for the said purpose. All other averments were also specifically denied.

(3.) The Competent Authority vide order dated 25-2-1972 dismissed the petition by holding that the respondent has no means to arrange an alternative accommodation and will create slum if evicted. The appeal of the petitioner before the financial Commissioner met with the same fate on 8-5-1972. it is against this order that the petitioner has filed the present petition under Article 227 of the Constitution of India praying for the setting aside of the impugned order and granting the petitioners' application for permission to file a suit/proceedings eviction of his tenant, Shri Ram Sarup