RAM LAL KHANNA Vs. GULAB DEVI

JUDGEMENT

(1.) This second appeal from order under section 39 of the Delhi Rent Control Act of 1958 is directed against the order of the Rent Control Tribunal dated 8-5-1968 allowing Smt. Gulab Devi's appeal from the order of the Additional Rent Controller dated 13-12-1966 dismissing her ejectment applications.

(2.) Two ejectment applications had been filed by Smt. Gulab Devi against Smt. D. P. Sinha and her children as legal representatives of the deceased tenant Shri D. P. Sinha and against Shri Ram Lal. The plea in ejectment application No. 1018 of 1964 was based on the averments that the premises had been sublet, assigned or that the premises were otherwise parted with to another person without obtaining the consent of the owner in writing. The premises were alleged to have been let out for residential purposes and required bonafide by the petitioner-landlady who was the owner and also as residence for herself and for other members of her family upon whom she depended. Her son Arjan Saxena, according to the application, had been transferred to Delhi and he had no other suitable residence. Default and failure in payment of rent was also averred.

(3.) Both the tenants contested the proceedings, even challenging the ownership of the landlady and of course questioning the bona fide of her requirement. At the conclusion of the trial, an amendment was also sought in the written statement to the effect that the landlady had already failed in her ejectment application previously based on the grounds urged on the present occasion.