S INDER SINGH Vs. NANAK CHAND

JUDGEMENT

(1.) Concurrent orders of eviction in favour of the respondents made by the learned Rent Controller on 18th April, 1967 and by the Rent Control Tribunal made on appeal on 13th November, 1967 are the subject of challenge in this second appeal from order under section 39 of the Delhi Rent Control Act of 1958 (hereafter called the Act).

(2.) The eviction of the tenant was sought on the ground of personal bona fide requirements by the landlords and also on the ground of acquisition of alternative accommodation by the tenant under clauses (e) and (h) respectively of the proviso to section 14(1) of the Act. The ground of acquisition of alternative accommodation by the tenant was not pressed by the landlords during the" course of arguments. On the other ground, however, it was common case before the controller that the premises in dispute had been let to the tenant for residence and the ownership of the landlord was also held to be proved by the sale-deed Exhibit A. I, The tenant had conceded in his submission that the landlords were the owners of the superstructure though his case was that the lease-hold rights of the land underneath had not been conveyed to the landlords. The landlords were thus held the owners of the premises in question. The requirement of the landlords was also held genuine in view of the status and size of their family and the accommodation which was already in their actual use and occupation. Both the landlords are real brothers and are married.

(3.) The Controller, as observed earlier, made an order for recovery of possession of the said premises in favour of the landlord-petitioners against the tenant. Six month's time v.was granted to the tenant to vacate the premises.