OM PARKASH SINGAL Vs. ROSHAN LAL KHANNA

JUDGEMENT

(1.) The second appeal from order under section 39 of the Delhi Rent Control Act 59 of 1958 (hereafter called the Act) raises the usual question of the scope of the present appeal and also the question of the construction of clause (e) of the proviso to section 14(1) of the Act.

(2.) An application for ejectment of the tenant was filed before the Rent Controller by 0m Parkash Singal (appellant in this Court). The premises in dispute are admittedly residential and the rent payable by the tenant is also indisputably Rs. 130.00 p. m. No question in regard to them has been raised before me. The tenant occupied the premises in question on 15-10-1961 and on 15-12-1964, the proceedings, out of which this appeal arises, were initiated under section 14 of the Act, the ground for eviction being personal bona fide requirement of the landlord-owner for occupation as residence for himself and members of his family dependent on him.

(3.) This prayer was opposed on the ground that the landlord was already in possession of sufficient and suitable accommodation and the present proceedings merely meant to harass the tenant. An earlier proceeding for eviction on the ground of subletting, according to the tenant, was also pending before the Controller.