GUJARAT STATE FERTILIZERS Vs. S M AGGARWAL

JUDGEMENT

(1.) Does a company on taking a premises on rent for residence of any of its officers render itself liable for eviction from the existing residential premises in its tenancy on the ground of having acquired an alternative residential accommodation under Clause (h) of proviso to Section 14(1) of the Delhi Rent Control Act? This important question arises for consideration in this petition. Besides, the pleas of unsuitability of the acquired accommodation and the effect of covenant of restrictive user are sought to be raised in this petition.

(2.) Challenge in the petition is to an order dated 10/11/1997 of the Rent Control Tribunal in RFA.615/96. The learned Rent Control Tribunal dismissed the appeal preferred by the petitioner and affirmed the order of eviction in respected of tenanted premises, viz. the first floor of property bearing Municipal No.74, Sundar Nagar, new Delhi, passed by the learned Additional Rent Controller under Section 14(1)(h) of the Delhi Rent Control Act (hereinafter referred to as the 'Act').

(3.) The learned Additional Rent Controller and the learned Rent Control Tribunal upheld the respondent's case that petitioner company had taken on lease and acquired vacant possession of residential premises No.K-15, NDSE-II, New Delhi, as well as residential premises No. 1E/79, Lajpat Nagar, New Delhi, after the premises in suit, viz. first floor of property No.74, Sundar Nagar, New Delhi had been let out by the respondent landlady to it. The order of eviction under Clause (h) of the proviso to Section 14(1) of the Act was, therefore, passed.