LAWS(DLH)-1987-5-39

WARYAM KAUR Vs. K K GANDHI

Decided On May 01, 1987
WARYAM KAUR Appellant
V/S
K.K.GANDHI (SINCE DECEASED) THROUGH HIS L.RS. Respondents

JUDGEMENT

(1.) This revision is directed against an order ofShri V.B. Gupta, Additional Rent Controller, Delhi, dated 28/05/1982,whereby he has, after trial, dismissed the application of the petitioner Smt.Waryam Kaur, the owner of the premises, under Section 14(l)(e) read withSection 25-B of the Delhi Rent Control Act, for eviction of the respondent.

(2.) The petition being under Section 25-B of the Delhi Rent ControlAct, leave had to be sought by the tenant before he could defend. This leavewas granted, whereafter trial was held, and evidence of the parties recorded.

(3.) Among the members of the family of the petitioner/landlady whowere examined, were Waryam Kaur, petitioner, as A.W.1, Amarpal Singhson of the petitioner as A.W.4, Gurbachan Singh, husband of the petitioneras A.W.6, Harcharan Singh, brother-in-law of the petitioner as A.W.8. Fromtheir evidence, as accepted by the Additional Rent Controller, it is clear that themembers of the family of petitioner are: (1) the petitioner, (2) GurbachanSingh, her husband, (3) Amarpal Singh, her son, (4) Ms. Amarpal Singh, (5)Jaspreet Kaur, daughter of Amarpal Singh, (6) Ish Puneet Singh, son ofAmarpal Singh, (7) Harpal Singh, son of the petitioner, (8) Ms. Harpal Singh,(9) Harneet Singh, son of Harpal Singh, (10) Gurcharan Kaur, widow ofHarcharan Singh, and (II) Baneet Kaur, daughter of Harcharan Singh. Theseare 11 members of the family which are alive today. This fact is not disputedby the respondents. As far Gurbachan Singh is concerned, he died during thependency of the proceedings. There was addition to the family of the petitionerby the birth of Harsheen Kaur to Harpal Singh, who is now 1 year of age.