K K OHRI Vs. BALRAJ SETH

JUDGEMENT

(1.) This Civil Revision has been filed aggrieved by an order passed by Additional Rent Controller on 18th April, 1995 whereby an eviction order was passed under Section 14(1)(e) of the Delhi Rent Control Act.

(2.) Mr. Ishwar Sahai, Learned senior counsel for the petitioner has contended that accommodation available with the respondents was sufficient and the finding of the Additional Rent Controller was perverse on this score. He has further contended that respondent No.1 Bhagwati Seth has one bachelor son who is about 50 years old and another son Arun Seth is not residing in India as he is settled with his family in United States of America. He has further contended that another co-owner of the premises Dr. Balraj Seth is 70 years old. His wife is no more. He is occupying the entire first floor consisting of two bed rooms, drawing and dining room. His one son has died. Widow of that son has got re-married. The deceased son has three children. They also live with their mother and they do not require any accommodation in the promises in question. He has further contended that another son of Dr. Balraj is employed in Coal India and presently posted at Nagpur where he has constructed his house and he has no intention to come back to Delhi and, therefore, he does not require any accommodation in the premises in question. He has further contended that Dr. Balraj Seth has got one daughter who is also settled in Kuwait alongwith her children.

(3.) Mr.Ishwar Sahai has contended that another branch of co-owners is Vikram Seth. His wife has also died and he has got two sons aged 19 and 15 years old at best they require one room for them. He has further contended that another another co-owner Vidur Seth is not residing in India and he alongwith his family reside in United States of America. It has also been contended by Mr. Ishwar Sahai that accommodation available to all the co-owners are two bed rooms, one drawing-cum dining room in the hands of Bhagwati Seth. There are four bed rooms i.e. two bed rooms on the first floor and two bed rooms on the second floor in the hands of Vikram Seth. Mr. Ishwar Sahai- learned Counsel for the petitioner has further contended that an additional room has been constructed on the second floor in the portion of the flat where Bhagwati seth is residing.