P D SHARMA Vs. RAM LUBHAYA

JUDGEMENT

(1.) The construction of proviso (e) to sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958, hereinafter called ('The Act') falls to be considered in this Second Appeal.

(2.) The appellant is the tenant, while the respondent is the landlord. The landlord owns a building containing four flats, two on the ground floor and the other two on the first floor. The stair case to go up stairs is between two ground floor flat. The landlord is in possession of one ground flat while the other ground floor flat has been let out to the tenant. The landlord is also in possession of one first floor flat. The landlord is also in possession of one first floor flat. The landlord is an old man of 70 years with heart disease. His wife is an old woman of 65 years, who has been operated upon for intestinal obstruction who cannot see in an eye and who is not in good health. The landlord's son, Baldev Raj, aged about 40 years lives with the landlord along with his wife and three children. Baldev Raj is also a heart patient. The landlord applied for the eviction of the tenant under proviso (e) to sub-section (1) of Section 14 of the Act. In paragraph 18(a) of the application for eviction as supplemented by the replication the landlord specifically pleaded all the three grounds available to him under proviso (e) to sub-section (1) of Section 14 of the Rent for eviction of the tenant viz:

(3.) The petition was resisted by the tenant who denied the grounds for eviction pleaded by the landlord and the parties adduced evidence to support their respective cases. Both the Rent Controller and the Rent Control Tribunal ordered the eviction of the tenant in favour of the landlord. Hence this second appeal by the tenant.