CHANDER SAIN JAIN Vs. SUMER CHAND

JUDGEMENT

(1.) Aggrieved by the order passed by the Additional Rent Controller passing an order under Section 14(1)(e) of the Delhi Rent Control Act (for short `DRC Act'), respondent-tenant has preferred this revision petition. The impugned order was passed on 17.1.1989. For the last ten years in view of the injunction order granted by this Court, the order of eviction has not been executed.

(2.) Mr. R.M. Bagai, learned counsel appearing for the petitioner, has contended that the present respondent has acquired and built a palatial house at Rishab Vihar, Delhi after passing of the order of eviction. At the outset, I must say that when eviction petition was filed in the year 1983, leave to defend was filed by the petitioner-tenant and for six long years, trial took place before the Additional Rent Controller. Petitioner-tenant disputed ownership and purpose of letting as well as requirement of the respondent. By a well reasoned order, the Additional Rent Controller in view of the documents and evidence placed before him, decided that the respondent was the owner, purpose of letting was residential and the premises were required bonafidely by the respondent. Is it open for the petitioner now to say that subsequent event be taken into consideration? Of course, subsequent events can be taken into consideration if certain relevant and material information is withheld by any party during the trial and a party subsequently recovers that in a mala fide manner that information or material has been withheld from the Court. Therefore, in my considered opinion, acquisition of some accommodation after an order of eviction has been passed by the Additional Rent Controller would not dis-entitle the respondent from such an order of eviction if on the date when eviction petition was filed the requirement of landlord was bona fide. In any event of the matter, as I have heard the learned counsel for the parties on the question of alternative accommodation available with the respondent vis-a-vis the size of respondent's family, I would like to discuss the same.

(3.) According to Mr. Bagai, learned counsel for the petitioner, respondent after having built a house at Rishab Vihar, Delhi will not shift to the house at Subzi Mandi, Delhi. Mr. Bagai has further contended that the house is very spacious at Rishab Vihar, Delhi, therefore, the desire of the respondent to shift to a house in old Delhi, which is a congested area, is imaginary. He has further contended that the sole objective of the respondent is to sell that house at Subzi Mandi, Delhi.