HINDUSTAN LEVER LIMITED Vs. RAJESHWARI PANDEY

JUDGEMENT

(1.) This revision petition is directed against the order dated February 22, 1997 passed by Shri J.R.Aryan, Additional Rent Controller, Delhi.

(2.) The respondent filed a petition under Section 14(1)(e) read with Section 25-B of the Delhi Rent Control Act, 1958 (hereinafter referred to as `the Act'). The point of contest was that the respondent could not be considered holding any independent right and title in the suit property so as to establish one of the essential ingredients of ection 14(1)(e) of the Act. It was, therefore, examined as to whether the respondent could be held entitled to relief of seeking petitioner's eviction from the tenanted premises when her bona fide was not in question. The other plea which was raised before the Rent Controller as well as before this Court related to the interpretation of the provisions of Section 14(6) of the Act which will be taken up for discussion at a later stage.

(3.) The property bearing No.87, Jor Bagh, New Delhi is the subject matter of the tenancy and comprises of entire ground floor consisting of two bed rooms, one drawing-dining, kitchen, store, two bathrooms, one WC, one box verandah, open platform, open court-yard at the back and front along with servant quarter and garage. The same was purchased by the respondent's father K.N.Sharma in his own name as well as in the name of his wife Smt. Puran Wati Sharma and three sons G.N.Sharma, N.N.Sharma and U.N.Sharma. Shri K.N.Sharma passed away on January 14, 1971 and the respondent's mother Smt.Puran Wati Sharma started realising rent from the petitioner who had been inducted tenant in the suit premises under a lease-deed dated September 10, 1957 on a monthly rent of Rs.500.00 entered into between the respondent's father and the petitioner company. This lease continued to be renewed for further periods. The respondent's mother Smt.Puran Wati Sharma also passed away on July 9, 1981 and thereafter respondent's brother N.N.Sharma started realising rent.