PURAN CHAND Vs. RATTAN SINGH

JUDGEMENT

(1.) THE petitioner is aggrieved by the order of learned ARC dated 20. 2. 2003 whereby an application for leave to defend made by the petitioner was dismissed and the eviction petition of the respondent under section 14 (1) (e) of the DRC Act was allowed and an order of eviction was passed.

(2.) THE landlord in this case had submitted that he had a large family which includes himself, his three married sons, his widowed daughter-in-law, two unmarried daughters and one unmarried son. His daughters and unmarried sons were studying in higher secondary classes. His son Satish Kumar, was having wife, two sons and two daughters; his son Naresh Kumar was having wife and three unmarried daughters; his son Surinder Kumar was having wife and two sons. All his married sons and unmarried son, widowed daughter-in-law were living jointly together in the property. He was having 7 rooms only; whereas the requirement of his family was more than 15 rooms. The tenant was in occupation of one room on the first floor in property No. 11036 and he wanted this room bona fidely for his own and for his family residence. He also submitted that his married daughters often visit him and he also needs a guest room.

(3.) THE tenant-petitioner in his leave to defend raised three defences; one he was not a tenant but he was owner of the super-structure existing on the first floor. The structure was sold to him for Rs. 30,000/- by the tenant at ground floor who had built that structure. The land under-neath the superstructure belonged to Umrao Singh who had let out one shop to Ravel singh through his clerk and Ravel Singh built superstructure over the tenanted room and sold it to him, the second defence taken by the tenant was that he was using the premises for commercial purpose and he was running a welding shop in the name of Puran Welding Works and the third defence taken by the petitioner was that the landlord was in possession of big house having 25 living rooms and the room in his occupation was a small room unfit for residential purpose. The landlord had exaggerated his number of family members.