MRS. SHARDA RANI Vs. MALIK YASHPAL

JUDGEMENT

(1.) THE appellant Mrs. Sharda Rani is the landlady of Kothi No. 14, Block No. 52, Ramjas Road, Prehlad Market, Karol Bagh, New Delhi and Malik Yash Pal is the tenant in a portion of the ground -floor consisting of three rooms, kitchens bath and water closet at monthly rent of Rs. 62. Mrs Sharda Rani approached the Controller under the Delhi Rent Control Act for eviction of the tenant on the grounds of non -payment of rent, of causing damage to the property and on the basis of personal bona fide requirement. The tenant is living in these premises since 1947. The rent having been deposited in accordance with law, the ground of non -payment of rent could not be sustained and the ground of damage having been caused to the property was also not pressed before the Rent Controller.

(2.) IN reply, the tenant pleaded that the premises were not required by the landlady for the use of her family.

(3.) AN appeal was taken by the tenant to the learned Rent Control Tribunal who agreed with the conclusion of the Rent Controller on the merits but he allowed the appeal on another ground which does not appear to have been pressed before the Rent Controller. According to the Rent Control Tribunal, there was no proof on the file that Mrs Sharda Rani was the owner of the premises in dispute. The Tribunal observed that there was no allegation about her ownership in the ejectment application and her statement as well as that of her husband Laxmi Narain were silent on the point. The onus of proving positively this ingredient was on the landlady, and she having failed to prove it, the learned Tribunal felt that no order for eviction could be passed in her favour. The appeal was accordingly allowed and the petition for eviction dismissed.