SARUP SINGH GHAI Vs. LEELA AHUJA

JUDGEMENT

(1.) THE present petition is filed by the petitioner/tenant against an order dated 11.9.2009 passed by the learned Additional Rent Controller, on an eviction petition preferred by the respondent No. 1/landlord under Section 14 -D of the Delhi Rent Control Act, 1958.

(2.) IN a nutshell, the facts of the case are that the tenanted premises consisting of one garage room measuring 16'x10' in the property bearing No. E - 13/27, East Patel Nagar, New Delhi was let out to the petitioner by Shri S.N. Ahuja, the deceased husband of the respondent No. 1, on 18.9.1988. Upon the demise of late Shri S.N. Ahuja, on 20.1.1995, his widow and three children, respondents No. 1 to 4 jointly succeeded to the suit property. The respondent No. 1 filed an eviction petition against the petitioner herein (respondent in the eviction petition) and impleaded her son and two daughters as performa respondents No. 2 to 4 respectively.

(3.) AT the time of institution of the eviction petition in the year 1998, the respondent No. 1, who was 70 years of age, had stated that she was suffering from acute arthritis, hypertension, etc., and that apart, at her age, found it very difficult to climb up the stairs. She therefore desired that her married daughter along with her family members should shift from the ground floor to the first floor, while she wanted to shift to the ground floor alongwith her son and his family, as the first floor accommodation was not suitable for her due to her old age and ailments. She stated that she wanted to renovate the garage and convert it into a living room. Hence, the eviction petition.