SALEEM BANO Vs. MOHD. RAFI

JUDGEMENT

(1.) THE petitioner is aggrieved by an order dated 16.1.2008 passed by learned ARC allowing eviction petition filed by respondent under section 14(1)(e) of the Delhi Rent Control Act. The petitioner was a tenant in respect of a room and dalan with kitchen and bath room on the ground floor of property No. 617, Gali Masjid Beg, Farash Khana, Delhi. The landlord filed an eviction petition on the ground that accommodation available with him was not sufficient for him and his family. His family consisted of himself, his wife, six sons and four married daughters. Out of his six sons, elder son was married and had a wife and six children. The other four sons were of marriageable age but could not be married because of paucity of accommodation. Tenant took the plea that accommodation with landlord was sufficient for his needs. Two rooms belonging to landlord were vacated by the tenants during pendency of the petition. In view of this he pleaded for dismissal of eviction petition.

(2.) THE learned ARC found that one bed room was required for husband and wife; one bed room for his married son, two guest rooms for married daughters and relatives of married son, one room each for five other grown up sons of the landlord and three bed rooms at least for seven grand children of the landlord, one study room and drawing-cum-dining room. The total requirement of the landlord was assessed by ARC as 15 rooms, apart from kitchen, baths and latrines. The total accommodation available with the landlord, inclusive of two rooms vacated by the tenants, was found to be only 10 rooms. The learned ARC, therefore, found that the requirement of the respondent/landlord was bona fide.

(3.) I consider that that such a submission cannot be considered by the Court as there is no basis for making such a submission. More over even if these two rooms are taken into account, the requirements of the landlord is not meted out keeping in view the requirement of the large family of the landlord.