SATISH RAHEJA Vs. PRAKASHWATI GUPTA

JUDGEMENT

(1.) THIS Revision Petition has been preferred under Section 25B of the Delhi Rent Control Act (for short the 'Act') to impugn the order dated 25.8.2007 passed by the learned Additional Rent Controller, Delhi in case No. E -429/06, a petition under Section 14D of the Act filed by the Respondent.

(2.) THE admitted position is that the respondent is a widowed landlady in respect of the tenanted premises comprising of one room in the ground floor wherein the petitioner is a tenant on a monthly rent of Rs. 1,600/ - exclusive of all other charges. The only question on which there was a dispute between the parties was whether the suit premise was required by the respondent for her residence. The suit premise is situated in a commercial area and it was let out to the petitioner for commercial purposes. However, for purposes of Section 14D of the Act, the purpose of letting is not relevant unlike Section 14(1)(e) of the Act, so long as the widowed landlady is able to establish that the premises are required by her for her residence. To establish that the premises are required by her for her own residence she also needs to establish that the premises are capable of being used as a residence. The submission of the petitioner before the Rent Controller was, and the same is reiterated before me is that the tenanted premises consists of only one room admeasuring "16.80 X25". The said premises is admittedly situated in a commercial area. There is no bathroom or kitchen available on the ground floor along with the said room. The requirement set up by the respondent landlady was on the basis that she is an old widow about 74 years of age at the time of filing of the petition and that she was suffering from heart ailments and Arthritis is in her knees. Consequently, in the absence of even a bathroom on the ground floor, it could not be said that the said premise was required by her for her own residence since it cannot reasonably be expected that she would live on the ground floor without any facility of kitchen or bathroom, particularly when she is suffering from heart ailments and Arthritis is in her knees

(3.) THE petitioner also argued that the requirement projected by the petitioner was an eyewash and since the premises is being used and is fit for use as commercial purposes, the endeavor of the respondent -landlady is to evict the petitioner and to relet the same to realise higher rent.