SHIV LAL KALRA Vs. DEWAK RAM

JUDGEMENT

(1.) This second appeal is directed against the order of the Tribunal upholding the eviction order passed by the Controller.

(2.) Dewak Ram Gupta and his son 0m Prakash Gupta (hereinafter referred to as 'the landlords' own house No. 12018, ward No. XII. Shakti Nagar, Delhi. Shiv Lal Kaira (hereinafter referred to as 'the tenant') is a tenant on the second-floor of this house. The landlords filed an application under section 14(1) (e) of the Delhi Rent Control Act against the tenant on the ground that "the premises let for residential purposes are required bona-fide by the landlord-petitioner No. 1, for occupation as a residence for himself, his wife and family of petitioner No. 2". It was averred that the landlords had bought the premises in dispute for their own residence. However, at the time of its purchase only one portion was vacant and it was occupied by 0m Prakash Gupta. Dewak Ram Gupta and his wife always wanted to live with their son 0m Parkash Gupta and his family but due to shortage of accommodation in this house they .could not shift there and had to live at a considerable distance. Because of their old age, Dewak Ram Gupta and his wife want to spend the rest of their lives with their son and the members of his family.

(3.) The tenant resisted the eviction application on various grounds. It was averred that Dewak Ram Gupta was in occupation of the entire property bearing Municipal No. 10350, Manakpura, Delhi.