SHRI VIRENDRA PAL Vs. SHRI DALJIT SINGH SANDHU

JUDGEMENT

(1.) I had decided this revision filed by tenant on September 14, 1977. On appeal by the landlord the Supreme Court has remanded the case with the following order :-

(2.) After receipt of the orders of the Supreme Court notices were issued to the parties. Whereas the tenant-petitioner put in appearance on September 8, 1978, the respondent-landlord appeared through his counsel Mr. K.S. Bindra, Advocate, on November 3, 1978. Thereafter, the matter was adjourned from time to time at the request of the learned counsel for the respondent before it was finally argued.

(3.) Respondent (landlord) is the owner of residential premises No. H-33, Green Park Extension, New Delhi. It is a double storyed house. The first-floor is with the petitioner on a rent of Rs. 400/-. The ground-floor is with another tenant who pays Rs. 725/- p.m. as rent. The landlord with his family lives at Muktsar, district Ferozepore, where he carries on his business. The respondent suffered an attack of paralysis in October, 1974. He came to Delhi in October, 1975 for the removal of a clot and remained in Nursing Home between October 20 and November 1, 1975. On December 3, 1975 he made an application for eviction of the present petitioner under Section 14(1)(e) of Delhi Rent Control Act and Sections 25A and 25B of Delhi Rent Control (Amendment) Ordinance, 1975. The ground of eviction was : "the petitioner is suffering with paralysis of the left side and also, otherwise, remains ill, and wants to shift to Delhi from Muktsar, for the purpose of his treatment". It was also averred that the premises were required bonafide for occupation for himself and his dependent family members, and the petitioner and his dependent family members have no other reasonably suitable residential accommodation.