VIVEK GUPTA Vs. LAKSHMI CHAND BARARIA

JUDGEMENT

(1.) The present petition is directed against the judgment dated 7th March, 1986, of Additional Rent Controller, Delhi whereby the petition for eviction of the petitioners under Section 14 (1)(e) of Delhi Rant Control Act (hereinafter referred to as the Act) was dismissed. The eviction was sought in respect of the demised premises forming part of Property No. 30/20, Shakti Nagar, Delhi.

(2.) The brief facts are that the property was previously owned by Smt. Parsani Devi who was grand mother of the petitioners. She bequeathed the same vide Will dated 16th December, 1971. The said Smt. Parsani Devi died on 23rd March, 1982 and thereafter the petitioners became owners of the property. It was further alleged that the respondent had even attorned to the petitioners and he had started paying rent to them. The demised premises were let out to the respondent for the purpose of residence and now the same are required bonafide by the petitioners for their residence and residence of their family members.

(3.) The petitioners further alleged that the accommodation available with them comprised of two rooms, one verandah, four stores with bathroom, WC and Kitchen on the first floor. The family of the petitioners consisted of themselves, 3 sisters aged 21, 14 and 12 years respectively besides their parents. The petitioner Nos. 2 and 3 were minors at the time of filing of the petition for eviction and they were maintained and looked after by their father Sh. R.D. Gupta, It was alleged that the said father of the petitioners owns a house at Saraswati Vihar which was not at all suitable residential accommodation for the petitioners because they were studying in Government Senior Secondary School which was just opposite to the residence of the petitioners. Petitioner No. 1 was a student of Ramjas College which was also at a short distance from the property in dispute and that the sisters were studying in the school and college near the demised premises and they also required to stay there.