SUSHILA DEVI Vs. A C JAIN

JUDGEMENT

(1.) This revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958, by the tenants is directed against the eviction order dated 10-9-1984 passed by the Additional Rent Controller, Delhi.

(2.) The landlords had sought eviction on the ground of personal bonafide requirement. In paragraph 18(a) of the petition it was alleged :-

(3.) The petition was contested on various grounds. It was pleaded that the decree of partition, if any, was a collusive decree and had been obtained only in order to create an additional ground for eviction of the tenants. It was further pleaded that the accommodation in possession of A. Dass & Sons was more than sufficient inasmuch as they had six main rooms besides three other rooms. It was further pleaded that besides the property in question the family of the landlords had various other properties which were mentioned in the written statement. It was further pleaded that the landlords had filed two earlier petitions, one on the ground of substantial damage and the other on the ground of bona fide requirement and that the said two petitions were decided against the landlords. The partition was effected only in order to create a further ground for seeking eviction of the tenants and as such the same was malafide and not binding on the tenants.