SHRI HARI SHANKAR Vs. SHAI DHAN RAJ SHARMA

JUDGEMENT

(1.) This is an appeal by the petitioner-landlord, Lala Hari Shankar under Section 39 of the Delhi Rent Control Act, 958 (hereinafter referred to as the Act). It is directed against the judgment and order passed on the 23rd November, 1973 by Shri Gian Chand Jain, Rent Control Tribunal, Delhi.

(2.) The dispute pertains to a portion of the ground floor of property No. 4198, Gali Daroga Kanhya Lal, Jogiwara, Nai Sarak, Delhi, consisting of a room and a Kotha. The tenant, Dhan Raj Sharma is in occupation on a monthly rent of Rs. 25/- and the premises are residential.

(3.) The tenant being aggrieved appealed to the Rent Control Tribunal under Section 38 of the Act. The Rent Control Tribunal came to the conclusion that at least from 1968 onwards the landlord's daughter and her husband and five children had been living with the landlord. He also observed that since the landlord had only one daughter, there was nothing unusual in this situation and, therefore, the accommodation was required for the landlord, his wife, daughter, son-in-law and their five children, the eldest child being 11 years at that time. He did not find that the landlord had any oblique motive for filing the petition. He, however, held that the accommodation with the landlord was quite reasonable. In the result he accepted the appeal, set aside the order of the Rent Controller and dismissed the application of the landlord. He also granted costs of Rs. 50/- to the tenant.