UJAGAR SINGH KAKKAR Vs. CHANDER MOHAN

JUDGEMENT

(1.) This revision petition is directed against the order of the Additional Rent Controller, Delhi dated 31/8/1984 whereby the eviction petition filed by the petitioner under Section 14(1) (e) read with Section 25-B of the Delhi Rent Control Act was dismissed on the ground that the petitioner had not been able to prove that he bonafide required the premises in question and that he had no other reasonable or suitable accommodation available to him.

(2.) The facts of the case lie in a very narrow compass. The property bearing No. 733, Bara Tooti, Sadar Bazar, Delhi was purchased by S. Hari Singh, father of the petitioner in a public auction on 15/5/1959 from the Custodian of Evacuee Property for a sum of Rs. 23,100.00 . At that time the premises in dispute were given on rent to Dwarka Dass. Dwarka Dass died in the year 1977 leaving behind the respondents as his legal heirs. S. Hari Singh met with an accident and expired on 10th June 1979 leaving behind petitioner as one of the legal heirs besides Smt.. Ram Kali widow of late S. Hari Singh and other children. Thereafter, petition for eviction of the respondents was filed in the year 1980 by the present petitioner on the ground of bonafide personal requirement.

(3.) Apart from contesting the petition on merits, respondents raised a preliminary objection before the Additional Rent Controller, Delhi that the petition for eviction was bad for non-joinder of necessary parties inasmuch as all the legal heirs of S. Hari Singh were not parties to the petition either as petitioners or respondents. The Additional Rent .Controller, Delhi while rejecting the petition for eviction also rejected the preliminary objection raised by the respondents and held that though the petitioner was not the sole owner since he was the co-owner he could file the petition for eviction.