LAWS(DLH)-1998-9-24

NATHI DEVI Vs. RADHA DEVI GUPTA

Decided On September 15, 1998
NATHI DEVI Appellant
V/S
RADHA DEVI GUPTA Respondents

JUDGEMENT

(1.) The present petition is directed against the judgment dated 12th November, 1997 passed by Shri J.R.Aryan, Additional Rent Controller, Delhi by which the eviction petition of the respondent landlady was allowed under the provisions of Section 14-D of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act).

(2.) The learned Controller held that the respondent became the landlady of the property by virtue of Sale Deed dated 8th March, 1982 and as such entitled to maintain the petition r eviction. The findings recorded with regard to the objection of the petitioner that the respondent was not the landlady were based on the judgments as cited in paragraphs 6 and 7 and it was held that the respondent was the owner of the suit property for the last 15 years and she was competent to file a bona fide petition and even petition as a classified landlady and widow. Paragraphs 6 and 7 of the judgment reads as follows:-

(3.) The ground of bonafide requirement was next considered and it was held that the accommodation in possession of the respondent in House No.8331, New Anaj Mandi, Filmistan, New Delhi comprised of only one room. The respondent admittedly has three married daughters and on that basis the plea of genuine need of the respondent was accepted.