S S MAKHIJANI Vs. V K JOTWANI

JUDGEMENT

(1.) This is a petition for revision under proviso to sub-section (8) of Section 25B of the Delhi Rent Control Act as amended, hereinafter called "the Act", on behalf of Shri S. S Makhijani against the order dated July 8, 1976 passed by Shri R. K. Saim. Rent Controller, Delhi dismissing his application for leave to defend a petition filed against him by Shri V. K. Jotwani, landlord, under section 14A(1) of the Act.

(2.) The respondent-landlord filed a petition on or about 14-1-1976 against the petitioner under section 14A(1) of the Act wherein the landlord pleaded that he was the owner of house No. 185-A, Block No. 30, New Double Storey Quarters, Lajpat Nagar, New Delhi. It was further pleaded by the respondent that he is in occupation of official residential accommodation bearing No. D-11-260, Vinay Marg, ChanKyapuri, New Delhi, allotted to him by the Centra) Government and has now been required by the Government, in pursuance of the general notification dated 9-9-1975, followed by a letter bearing No. 389/80/75 dated 24-11-1975, to vacate the said government accommodation by December 31, 1975 on the ground that he owns the premises in question, it was further alleged in the eviction petition that the landlord has been further informed that on his failure to do so by December 31, 1975, the said allotment of the government accommodation shall be deemed to have been cancelled, rendering him liable to pay the licence fee at the market rate. It was thus averred in the petition that there has accrued to the landlord a right to recover immediately possession of the premises in question let out to the aforesaid tenant.

(3.) The petitioner-tenant filed an application under section 25B (4) & (5) of the Act for leave to contest and defend the eviction petition. In this petition the tenant averred that the respondent-landlord is the owner of four houses bearing Nos: 185, 185A, 186 and 186A, New Double Storey quarters, Lajpat Nagar, New Delhi, one of which is the demised premises. House No. 185 which is a modified house having three rooms, with bath, latrine and open courtyard in front with a big public park in front is also available to the landlord and more or less comprises the same accommodation as is presently held by the respondent-landlord in government accommodation. It was further pleaded that house Nos. 185 and 186 are situate on the ground floor whereas house Nos. 185-A and 186-A are situate on the first floor. House No. 186 is in occupation of one Shri C. L. Jotwani and is contiguous and adjascent to house No. 185. Shri C. L. Jotwani is also a government servant and has got two houses of his own in Tilak Nagar and he has already filed eviction petition against his two tenants on the ground of bona fide personal necessity which are now pending in the courts and are "fixed for 28-2-1976". These suits are already on the advanced stage. Shri C. L. Jotwani is ready and willing to vacate the premises in his tenancy as soon as his house becomes available to him.