KAILASH CHAND Vs. CHAND

JUDGEMENT

(1.) The matter was called out for hearing on 5th August, 1998 as well as 6th August, 1998. There was no appearance on behalf of the respondent on any of these two dates.

(2.) The present petition is directed against the Order dated March 1, 1996 passed by the Additional Rent Controller, Delhi by which an application for eviction of the petitioners filed under Section 14(1)(e) read with Section 25-B of the Delhi Rent Control Act, 1959 (hereinafter referred to as `the Act') was rejected.

(3.) The brief facts of the case are that the petitioners claimed to have purchased undivided half shares i.e. petitioners Nos.1 and 2 jointly and petitioners 3 and 4 jointly by two separate Sale Deeds in property No.2206 Ward No.VIII Gali Shankar Kali Masjid, Delhi. Respondent is alleged to be a tenant in respect of the portion shown in red in the site plan on a monthly rent of Rs.3.00 which was let out to him by the original owner for residential purposes. It is next alleged that petitioners 1 and 2 who are husband and wife were residing in portion of property No.2255 as licensee since the property was owned by Smt.Sarla Devi and Smt.Indra Devi respectively. The family of petitioners 1 and 2 comprised of one son and three daughters aged about 13-8 years at the time of filing of the eviction petition. They were students and petitioners 1 and 2 required one bed room for themselves, one bed room-cum-study room for their three daughters as well as one drawing room, one dining room, one Pooja room and one room for guest accommodation. Similarly, petitioners 3 and 4 have been residing in the property No.2161 as licensees owned by Munna Lal and his wife Smt. Sharbati Devi. They were also allegedly asked to vacate the said premises. It is further alleged that respondent is not residing in the suit premises but resides in his acquired residential house No.944, Faiz Road, Karol Bagh, New Delhi and the suit premises is in occupation of an unauthorised and illegal occupant.