D C M LIMITED Vs. DELHI DEVELOPMENT AUTHORITY

JUDGEMENT

(1.) This is landlady's Revision Petition against the order of the Rent Controller dismissing her eviction petition on 8.11.1983.

(2.) The premises in question are the Ground Floor of property No. 254, Greater Kailash, New Delhi. The respondents are the tenant. A lease deed was created in favour of the tenant under Section 21 for three years with effect from 14.7.1975. After the expiry of this lease, a fresh lease was created in favour of the tenant. The rent was raised from Rs. 1900.00 to Rs. 2300.00 per month. According to the tenant this increase was made as a new lease was created for resdential-cum-commercial purposes and the tenant was permitted to have his sales office in the premises. According to the landlady the new lease was only for residential purposes as before.

(3.) The landlady is a qualified Doctor by profession and was in Government service. After her retirement from service in 1972 she was residing at Dehradun. She developed severe Arthities in both her knees and spine due to cold and damp climate of Dehradun. She was advised to live at a place where better expert medical advice and facilities were available. That is why she decided to occupy her own house in Delhi. The tenancy of the tenant was terminated on 15.4.1980 and a petition bona fide requirement undersection 14(l)(e) of the Delhi Rent Control Act was filed. According to the original pleadings the tenant did not contest the landlady's averment in the application for eviction that the second lease was created with her directly but the tenant later on changed his version and submitted that the second lease was created with Lt. General B.L. Kapoor, the husband of the landlady and the holder of the power of attorney on her behalf. It is an admitted position that the second lease is not a written lease. In order to support his contention that the second lease was a combined lease for residential-cum-commercial purposes the tenant has produced a latter dated 9.11.1978purportedlywithinbyLt. General B.L. Kapoor to the Sales Tax Commissioner staling that he has no objection for the sales office being run under the said premises.