LAWS(DLH)-1969-3-6

LALIT KUMAR Vs. SAROJ KUMARI

Decided On March 24, 1969
LALIT KUMAR Appellant
V/S
SAROJ KUMARI Respondents

JUDGEMENT

(1.) This is a tenant's appeal against the concurrent orders of the Controller and the Rent Tribunal ordering his eviction from the premises on the ground that they are required by the respondent-landlord bona fide for her own residence and that she has no other reasonable suitable residential accommodation within the meaning of proviso (e) to sub-secticn (1) of section 14 of the Delhi Rent Control Act, 1958 (hereinafter called "the Act").

(2.) The facts are not really in dispute. The respondent-landlord is a deserted wife and a midwife by profession. She acquired the premises in 1962 when she was occupying rented accommodation paying rent of Rs. 35.00 per month. She nevertheless let out the premises to the appellant in 1963 on a monthly rent of Rs. 60.00 The relations between the parties later became strained. The appellant applied to the Rent Controller for fixation of standard rent and the respondent filed a petition before the Controller for the eviction of the appellant on the ground that the respondent wanted the premises bona fide for her own residence. The standard rent has, in the meanwhile, been fixed at Rs. 35.00 per month, that is at the same figure at which the landlord has to pay for the rented accommodation in which she is living. The sole question for decision, therefore, is whether the respondent-landlord has satisfied the requirements of proviso (e) to sub-section(l)of Section 14 of the Act. I shall deal with each of these requirements one by one.

(3.) The premises were admittedly let by the respondent-landlord to the appellant-tenant for residential purposes and it is not disputed before me that the respondent-landlord is the owner of the premises.