SAROOP CHAND Vs. ANGURI DEVI

JUDGEMENT

(1.) This is second appeal directed against appellate order of Rent Control Tribunal dated 19-10-76 whereby he accepted the appeal filed by the landlady for eviction of appellant from premises in dispute on the ground contained in Clauses (e) and (h) to the proviso to 14(1) of the Delhi Rent Control Act.

(2.) The respondent/landlady had purchased this property in 1965 and after obtaining permission from the Competent Authority under Section 19 of the Slum Areas (1 & C) Act, filed ejectment proceedings against the appellant on the aforesaid two grounds. The only point agitated relates to purpose of letting.

(3.) The premises in dispute consisted of one room measuring 10.2 X 8.4 feet. In the sale deed by which the property in dispute was purchased by the respondent/landlady, the premises in dispute were part of the two adjacent shops. In the sale deed the property in dispute is described as shop but in the plan filed with the ejectment petition the property in dispute was described by the landlady as a room. The learned Additional Controller dismissed the petition on the short ground that purpose of letting has not been proved as residential which is a condition precedent for passing order of ejectment under Section 14(l)(e) & (h) of the Act.