RAJ RANI Vs. GIAN CHAND

JUDGEMENT

(1.) This is a second appeal under Section 39 of the Delhi 'Rent Control Act (hereinafter referred to as "the Act") filed by the tenant-Smt. Raj Rani against the order of eviction dated 29th October, 1977 passed by an Additional Rent Controller and confirmed by the Rent Control Tribunal in appeal vide judgment dated 27th February, 1981.

(2.) The facts leading to this appeal in brief are that the appellant-Smt, Raj Rani is a tenant in respect of a portion of property bearing No. 149-151, Block No. I, VishwasNagar,KarkariRoad,SarwariaMarket,Shahdara, Delhi under the respondent Shri Gian Chand. The landlord moved an application for eviction of the appellant on 7th November, 1975 on the groun of (i) non-payment of rent ; (ii) bonafide personal requirement a& residence ; and (iii) causing substantial damage to the demised premises falling under Clauses (a), (e) and (j) respectively of the proviso to Section 14(1) of the Act. The eviction petition was resisted by the appellant on various grounds but it was eventually allowed by the Additional Rent Controloler on the grounds of non-payment of rent and bonafide personal reequirement. owever, the appellant having complied with an order made by the Additional Rent Controller under Section 15(1) of the Act, she was held entitled to benefit of Section 14(2) of the Act, it being a case of first default. The eviction petition was, however, dismissed as regards the ground of causing damage to the demised premises.

(3.) Feeling aggrieved the tenant preferred an appeal from the order of eviction in the Court of the Rent Control Tribunal but met with no success. Hence this second appeal.