WG CDR TAPESHWAR PURI Vs. LEE CLUB FRANCAIS

JUDGEMENT

(1.) Late Wing Commander Tapeshwar Puri filed an eviction petition against the respondent on grounds of bonafide requirement under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act) in respect of two bed rooms, drawing-cum-dining, two bathrooms, kitchen, one small study room, bath-cum-WC, lawn on front and small verandah and bathroom-cum- latrine on the ground floor of premises bearing No.D-49, Defence Colony, New Delhi, which had been let out in pursuance to Lease Deed dated 9.8.1974 for residential purposes. It was stated in the eviction proceedings that the tenanted premises were required for the residence of late Wing Commander Tapeshwar Puri and his family members consisting of his wife, two sons and a daughter.

(2.) Late Wing Commander Tapeshwar Puri, however, passed away on 10.11.1996 during the pendency of the petition and his wife also passed away on 24.4.2000. Thereafter his two sons and daughter are stated to have become owners of the property in dispute in equal shares.

(3.) The first floor of the property was stated to be occupied by M/s. Mehta Pharmaceuticals and Alchem International as tenant and the user was residential purpose. This concern was of the brother-in-law of late Wing Commandar Tapeshwar Puri and thus one of his sons Mr. Adishwar Puri started staying on the first floor in one room. However, before the final adjudication of the eviction petition the first floor is stated to have been vacated by the tenant and is occupied by Mr. Adishwar Puri where he is stated to be living along with his wife and son.