DURGA SWAROOP BHATNAGAR Vs. MURARI LAL

JUDGEMENT

(1.) MURARI Lal, Respondent, is the owner of the house in dispute. He had given it on rent to Durga Sarup Bhatnagar, Petitioner, on a monthly rent of Rs. 125. The Respondent filed an application for ejectment against the Petitioner under Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act), on the ground that he bona fide required these premises for himself and the other dependent members of his family and that he had no other reasonably suitable residential accommodation with him.

(2.) THIS application was resisted by the Petitioner, who admitted the tenancy, but controverter the grounds of ejectment. It Was also pleaded that the rate of rent was Rs. 100 per mensem and not Rs. 125, as alleged by the Respondent.

(3.) THE Petitioner, being aggrieved by this order filled an appeal before the Rent Control Tribunal, who came to the conclusion that since the tenant had not filed any appeal against the order, dated 28th March, 1963, striking out his defence, that order became final under Section 43 of the Act and could not be challenged in appeal against the final order of eviction, On the evidence produced by the landlord, the learned Rent Control Tribunal confirmed the finding of the Additional Controller to the effect that he bona fide required the house for occupation as a residence for himself and the other members of his family. It was also found that the landlord had no other reasonably suitable accommodation with him. As a result, the appeal was dismissed. Against this order, the present second appeal has been filed by the tenant.