SULTAN AHMED ALIAS SULTAN ALI Vs. ILLAUDDIN

JUDGEMENT

(1.) Aggrieved by the Order passed by the Rent Control Tribunal on January 11, 1982, the Second Appeal was filed by the appellant in this Court. Respondent-Illaudin filed the eviction petition in May, 1975 against the appellant-tenant. Over of eviction was passed by the Additional Rent Controller on October 22, 1979 under Sections 14 (1) (a) and 14 (1) (e) of the Delhi Rent Control Act.

(2.) Mr. G.L. Rawal, learned counsel for the appellant, has contended that the finding of the courts below on the bona fide requirement was not sustainable. He has further contended that courts below did not property appreciate that the eviction petition was filed for partial eviction. It has also been alleged before me vehemently by Mr. Rawal that the purpose of letting was composite and the courts below have not appreciated the evidence which was before the Additional Rent Controller as well as before the Rent Control Tribunal. It has ao been contended by the counsel for the appellant that as a matter of fact the eviction petition which was filed was vague and there was material concealment of the accommodation available with the eviction petitioner. In support of his contention he was cited S.P. Chengalvaraya Naidu (Dead) by LRs. Vs. Jagannath (Dead) by LRs.and Others (1994) 1 SCC 1, Ramrati Kuar Vs. Dwarka Prasad Singh & Others AIR 1967 SC 1134, Dr. Gopal Dass Verma Vs. Dr. S.K. Bhardwaj & another AIR 1965 SC 337 and Smt. A.N. Kapoor Vs. Smt. Pushpa Talwar AIR 1992 SC 799.

(3.) Mr. Rawal has contended that the courts below considered the evidence which was beyond pleadings and acted without jurisdiction and on this score the impugned order be set aside.