SWARAN SINGH Vs. KUL BHUSHAN BHATIA

JUDGEMENT

(1.) This revision under proviso to sub-Section (8) of Section 25B of the Delhi Rent Control Act, 1958, is directed against the order of Additional Controller refusing the tenant leave to contest the application of the landlord for the recovery of the possession of the premises under Section 14(1)(e) of the Act.

(2.) Kul Bhusan Bhatia, (the landlord) gave on rent quarter No. B-58/1, Naraina Residential Scheme, New Delhi, to Swaran Singh (the tenant). The landlord is an employee of the Ministry of External Affairs, Government of India. He returned to India from his foreign assignment on May 22, 1976. On May 27, 1976 he served a notice on the tenant terminating the tenancy and requiring him to hand over vacant possession of the quarter. The tenant failed to vacate. The landlord filed an application under Section 14 (1) (e) for the eviction of the tenant.

(3.) The tenant asked for leave to contest. It was averred that the landlord with his family had all along been living with his father who owns a spacious house. Service of notice terminating the tenancy was denied. Ownership of the landlord was challenged. It was alleged that the landlord had been increasing the rent and either wanted to sell the house or let it out on a higher rent. The landlord resisted and denied the allegations. Finding that the affidavit of the tenant did not give rise to any triable issue, the Additional Controller refused to grant leave to the tenant and ordered his eviction.