PRAKASH CHAND GUPTA Vs. K.S. GUPTA

JUDGEMENT

(1.) LEAVE granted.

(2.) AN application under section 14C of the Delhi Rent Control Act [hereinafter referred to as 'the Act'] was filed by the respondent seeking eviction of the appellant on the ground that he retired from government service on February 28, 1997 and he had to vacate the government accommodation occupied by him during the period of his service and he had no accommodation available to him in Delhi or any where else. He also disclosed certain previous proceedings between the parties. He stated that his family consisted of himself, his spouse, his married son, his daughter -in -law, his grand daughter and his married daughter also frequently visited him. The respondent also further stated that he had sought eviction of J.K. Jain who occupied another portion of the premises in question and he had assured vacation of the same on November 30, 1997.

(3.) NOW the only other contention that is urged before us is that inasmuch the respondent had obtained possession of another portion of the premises from his tenant J.K. Jain, the claim of the respondent that he needs the premises is not bona fide. This aspect does not seem to have been taken note of in the course of the order made by the Rent Controller and the application to defend having been rejected, the Court proceeded to grant the relief claimed by the respondent.