B K VERMA Vs. RAGHUNATH RAI KAPOOR

JUDGEMENT

(1.) Appellant, now deceased, filed a petition under Section 14(l)(h) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'Act'), in December, 1978 seeking eviction of the respondent tenant on the ground of his having acquired and built alternative residential accommodation at Plot No. 3, Basant Lok Community Centre, Opposite Priya Cinema, Vasant Vihar, New Delhi.

(2.) The learned Additional Rent Controller had passed an order of eviction under Section 14(l)(h) holding that respondent/tenant had acquired alternative residential premises at Vasant Vihar and was, therefore, liable to be evicted from the tenanted premises, viz. the ground floor of property bearing No. R-8/89, Rajinder Nagar, New Delhi. In appeal, the learned Rent Control Tribunal set aside the order passed by the Additional Rent Controller holding that appellant/landlord had filed the eviction petition before the alternative premises at Vasant Vihar had been fully constructed and, therefore. Clause (h) of the proviso to Sub-section (1) of Section 14 of the Act was not attracted.

(3.) Appellant expired on 12.5.1992, during the pendency of this appeal. CM 1082/92 was allowed on 20.5.1992 for bringing on record the legal representatives.