SAROJ KUMARI Vs. LALIT KUMAR

JUDGEMENT

(1.) This is a landlady's second appeal under section 39 of the Delhi Rent Control Act No. 59 of 1958 assailing the order of the Rent Control Tribunal dated 27th March, 1968 whereby the order of the learned Additional Rent Controller dated 30th August, 1967 ordering ejectment of the tenant from the house in dispute was reversed and the tenant's appeal allowed with costs.

(2.) The ejectment proceedings were initiated by the landlady on the ground of personal bona fide requirement. The house, as is clear from the order of the learned Additional Rent Controller, comprises two rooms, a kitchen, a balcony, a common bath room and a. latrine It was rented out to the tenant on 11th May, 1963. The landlady who is stated to have been deserted by her husband had no other residential house for her and she averred that she required these premises for her own bonafide occupation.

(3.) This application was resisted by the tenant on the ground that the same had been filed merely because the standard rent of these promises had been fixed at the rate of Rs. 301.00 per month and not with the bonafide desire of occupying the same. The landlady, according to the tenant's pleas, was desirous of letting the premises out to someone else on excessive rent. The needs of the landlady, so pleaded the tenant, had not increased after the premises had been let out to him. The residential accommodation occupied by the landlady at the present moment was also pleaded to be reasonably sufficient for her requirements because she had no children.