BUDH RAM SHARMA Vs. BANWARI LAL

JUDGEMENT

(1.) This is tenant's second appeal under section 39 of the Delhi Rant Control Act of 1957 (hereinafter referr- ed to as the Act) against the order of the Kent Control Tribunal upholding the order of eviction of the tenant passed by the Additional Rent Controller.

(2.) The tenant had taken on rent premises No 4307 Gali Bhairon Wall for residential purposes. He built a house in IShaiba-bad colony, which is situated at a distance of about 10 miles from Delhi, the land lord filed an application for his eJectment on the ground amongest others, that the tenant has built and acquired vacant possession of a residence in Shaiba-bad co lony. The tenant adn)itied the consiruc- lion of the said house but coatended that his case did not fall under clause (b) of the proviso io sub-section (1) of section 14 of the Act. The Additional Rant Controller negatived the contention and ordered his ejectment. His appeal to the Kent Control Tribunal was also dismessed

(3.) The short question for determination is whether a tenant who has built or acquired vacant possession of a house for his residence outside Delhi would fall under cl. (h) of the Proviso to section 14 (1) of the Delhi Rent Control Act. Section 14 (1) (h) is as under;-