DEVI RAM Vs. RAM KAPOOR

JUDGEMENT

(1.) Thispetitionisdirectedagainstthejudgrnentdated November 2,1994 passed by Shri R.K.Gauba, Additional Rent Controller, Delhi dismissing the application of eviction of the petitioner under Section 14(l)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act').

(2.) The petition was filed on July 11,1986 and summons under Schedule III of the Act were issued. Leave to defend was granted vide order dated November 12, 1986 and, as a consequence, the respondent filed written statement and subsequently amended the written statement by way of an application under Order 6, Rule 17, CPC which was allowed.

(3.) The suit premises were handed over to the respondent by way of a licence agreement dated March 1,1975 and the respondent was to pay Rs. 850.00 per month as licence fee. Subsequently this arrangement was converted into lease agreement by which the rental fixed was Rs. 900.00 per month exclusive of electrici ty and water charges. Petitioners 2 and 3 are sons of petitioner No. 1. The petitioners live in their ancestral house in Village Basant Nagar which is a rural area and is alleged to be quite close to the tenanted premises. Petitioner No. 1 is a retired Government servant while petitioners 2 and 3 are in Government service. The petitioners made the plea that the suit property was jointly owned by all of them as a H.U.F. of which petitioner No. 1 is the Karta. It was alleged that premises was let out to the respondent for residential purposes only. The petitioners are in occupation of two rooms in House No. 47, Village Basant Nagar and four rooms in House No. 47-B in the same village. It is stated that all the six rooms are dark and dingy without proper ventilation and that both the houses do not have kitchen and toilet facilities and are unfit for human occupation and, therefore, unsuitable and insufficient for the petitioners requirement as well as need of the members of the family dependent on them.