C.L. DAVAR Vs. AMAR NATH KAPUR

JUDGEMENT

(1.) THIS is a second appeal under the Delhi Rent Control Act of 1958, by a tenant C.L. Davar whose ejectment has been ordered by the Rent Control Tribunal after the application of the landlord Amar Nath Kapur had been dismissed by the Rent Controller.

(2.) THE landlord's application was based on the provisions of Section 14(1)(e) of the Act, the relevant parts of which read - -

(3.) THE Controller found that the landlord's requirement of the premises in suit for the residence of himself and members of his family could in the circumstances be regarded as reasonable, but dismissed his application on the ground that his requirement of the premises in suit could not be regarded as bona fide. It was in fact admitted in the evidence that the ground floor flat in the building in which the premises are situated had fallen vacant both in 1958 and again in 1959 and the landlord had on each occasion leased the flat to another tenant, increasing the original rent from Rs. 225 to Rs. 275 per mensem, the latter being the rent paid by the present Petitioner. The explanation of the landlord for not occupying the ground floor flat on either of the occasions when it fell vacant, namely that he was required by the company which employed him to occupy the flat in Connaught Circus, which was very close to his office was rejected on the ground that it was admitted that he had retired from the service of the company, the Sunlight Insurance Company, in December, 1957, i.e., before the first occasion on which the ground floor flat fell vacant. His further, explanation that the flat in suit was more suitable for the accommodation of himself and his family than the ground floor flat was also brushed aside.