SHYAM LAL DECD Vs. MURARI LAL

JUDGEMENT

(1.) The present petition is directed against the order dated May 1, 1986 passed by Shri G.D.Dhanuka, Adiditional Rent Controller, Delhi.

(2.) The brief facts are that respondent is the owner/landlord of House No.1111, Kucha Harjas Mal, Mohalla Lali, Bazar Sita Ram, Delhi. Shyam Lal, who is since deceased and is now represented by his legal heirs was a tenant under him in respect of one room with common verandah on the first floor of the house, as indicated in the site plan Exhibit A.I at Rs.25.00 per month since February 7, 1967 vide written rent agreement. The premises were let out to the said Shyam Lal for residential purposes only. The respondent/landlord filed the petition under Section 14(1) (e) read with Section 25-B of the Delhi Rent Control Act on the ground that he required the premises bonafide for his personal use and occupation and that he did not have any other reasonably suitable residential accommodation. The family of Shyam Lal consisted of himself, his wife, three sons, two of them were married at the time of filing the eviction petition and it is contended that the third son has also got married during the pendency of the proceedings and four married daughters.

(3.) The petitioner Shyam Lal was granted leave to defend and he contested the petition on various grounds, such as, that the respondent was only one of the cotenants, that the premises were let out for residential-cum-commercial purposes,' that the premises were not let out on 7th February, 1967, as alleged, the respondent was not the owner of the premises etc. etc. The learned Additional Rent Controller considered the respective contentions of the parties and held as follows: