IMPORTANT POINTS
1. The suitability has to be seen from the convenience of the landlord and his family members and on the basis of the totality of the circumstances including their profession, vocation, style of living, habits and back ground.
2. Where landlord is getting tenant evicted on the ground of bona fide personal requirement, if in the near future it is found that this was a false ground and that after getting the Appellant evicted the premises are not being used for personal use of the landlord and his family as claimed, the tenant would be at liberty to adopt appropriate proceedings for restitution and get back premises.

JUDGMENT

S.N. Variava, J.-This Appeal is against an Order dated 12th November, 1999.

2. Briefly stated the facts are as follows:

The father of the Respondent was the landlord of the premises in question. He filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act. This petition was on the ground of bonafide requirement. He claimed that he had two bed rooms and a verandah on the ground floor of, the premises and his family consisted of himself, his wife, his son (the present Respondent), two daughters and their families. He claimed that they did not own any other residential accommodation in Delhi. He, therefore, sought eviction of the Appellant from the first floor of the premises bearing No. 16/58 Gali No.1, Joshi Road, Delhi. The defence of the Appellant was (a) that the Landlord had other suitable residential accommodation at No. 16/57 Gali No. 1, Joshi Road, Delhi and at Basant Road, Pahar Ganj. (b) that the daughters did not stay with the father as they were married and they stayed with their husbands and (c) that the Landlord already had 4 bed rooms in his possession.

3. The Rent Controller by his judgment dated 24th February, 1993 dismissed the eviction petition. The Rent Controller held that there was suitable alternate residential accommodation both at 16/57 Gali No. 1, Joshi Road, Delhi as well as at Basant Road. The Rent Controller held that these had been suppressed. The Rent Controller also held that daughters were not residing with the original landlord. It was also held that the landlord had sufficient number of room in his possession to meet his requirement.

4. Being aggrieved by this decision, the landlord filed a Revision in the High Court. The High Court, by the impugned Order dated 12th November 1999, allowed the Revision. The High Court set aside the order of the Rent Controller and passed an order of eviction against the Appellant. The High Court held that the requirement of the landlord was bonafide. During the pendency of this Revision before the High Court, the original landlord died. The present Respondent, being his son, was brought on record.

5. It has been urged that there was suppression on the part of the landlord inasmuch as he did not disclose the premises which were available at 16/57 Gali No. 1, Joshi Road as well as the premises which are available at Basant Road, Pahar Ganj. On the other hand on behalf of the Respondent Dr. Singhvi has submitted that the only requirement is to disclose such accommodation as is suitable for residence of the landlord. Dr. Singhvi submitted that if there is no other residential accommodation which is suitable then there is no duty to disclose. Dr. Singhvi relied upon the authority in the case of Ram Narain Arora v. Asha Rani and Ors.1, wherein it has been held that the question whether the landlord has any other reasonably suitable residential accommodation is a question which is inter-mixed with the question regarding bonafide requirement. It is held that whether the landlord has any other reasonably suitable residential accommodation is a defence for the tenant. It is held that whether the other accommodation is more suitable than the suit premises would not solely depend upon pleadings and non-disclosure by the landlord. It was held that the landlord having another accommodation would not be fatal to the eviction proceedings if both the parties understood the case and placed materials before the court and case of neither party was prejudiced. In this case even though the landlord has not mentioned about the other two premises, the material in respect of the other two premises was placed before the Rent Controller as well as before the High Court, thus no prejudice has been caused. The parties have squarely dealt with this question.

6. We have seen the material on record and read the evidence. In our view, it can not at all be said that the rooms which are available on the plot bearing No. 16/57 Gali No.1, Joshi Road are reasonably suitabl