SHAKUNTALA DEVI Vs. ASHOK KUMAR BAJAJ

JUDGEMENT

(1.) The present petition is directed against the judgment dated September. 5, 1991 of Shri K.S. Khurana, Additional Rent Controller, Delhi. The learned Judge rejected the petition for eviction filed by the petitioner under Section 14-D of the Delhi Rent Control Act (hereinafter referred to as 'the Act').

(2.) The eviction petition was moved on the ground that the petitioner was the widow and the premises in question were let out to the respondent for residential purposes on August 1, 1981 and were now required by her. The husband of the petitioner died on January 26, 1984 and the petition was filed in the year 1989. The family of the petitioner consists of herself, her son Gurdeep Singh and his wife Smt. Anita and two minor children, a daughter and a son who are now aged about 11 and 41/2 years respectively. Apart from the above members of the family, the petitioner has five married daughters as well as grand children and they visit her but do not stay over night due to paucity of accommodation. The premises which are in occupation of the petitioner and her family members consist of two living rooms, one passage room which is held as a room by the Rent Controller, kitchen, bath room etc. on the ground floor. The petitioner has further stated that her son has been in possession of one living room and a kitchen on the ground floor, and the bathroom and W.C are being shared by her and family. The averment is also made that more accommodation is required in view of the increase in the size of the family and also because the petitioner wants to set up her own kitchen as she does not get along well with her daughter-in-law. It is also stated that she requires one more room for Pooja and some space for the servant.

(3.) The respondent denied the averments and the contentions raised in the eviction petition and reiterated that the petitioner has already been provided with sufficient accommodation, her daughters rarely visit her and even if they visit her they come for a short time and do not stay for a night. He further denied that there was any deterioration of relationship between the petitioner and her daughter-in- law.