MANOHAR SINGH Vs. KANSHI RAM AND SONS

JUDGEMENT

(1.) This second appeal has been filed by a tenant whose eviction has been ordered from a small loom described as a servant quarter and an open court-yard in a bungalow of Hanuman Road, New Delhi by the Rent Control Tribunal, Delhi, on the ground that the respondents-landlords bona fide required the suit premises as a residence for themselves and the members of their families.

(2.) The respondents had purchased bungalow No. 49 on Hanuman Road, New Delhi in 1958. At the time of purchase ey got vacant possession of the entire bungalow except a small room described as a servant quarter and an open Court-yard which was in occupation of the appellant who claimed to have been in possession of the said portion of the property for the last 30 to 35 years, as according to him his father was an employee of the previous owner. The respondents who were Joint owners of the said bungalow with their father (since deceased) started living in the bungalow immediately after it was purchased by them. On the evidence that has been accepted by both the Courts below, the respondents' family consisted of 18 or 19 members. Although the bungalow appears to be a fairly commodious one, the respondents sought eviction of the appellant on the ground that the accommodation available to them was not sufficient to meet their requirements. Learned Additional Kent Controller however came to the conclusion that the respondents had no need for any further accommodation and that as such the requirements of section 14(1) (e) of the Delhi Rent Control Act, 1958, had not been satisfied.

(3.) Aggrieved by the decision of the Additional Rent Controller, the respondents preferred an appeal before the Rent Control Tribunal who on a consideration of the entire evidence, differed from the conclusion reached by the Addition Rent Controller and held that the respondents were entitled to evict the appellant on the ground of personal bonafide requirement under section 14(1) (e) of the Delhi Rent Control Act, 1958.