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1980 Supreme(SC) 5

A.D.KOSHAL, P.S.KAILASAM, S.MURTAZA FAZAL ALI
Vinod Kumar Chowdhry – Appellant
Versus
Narain Devi Taneja – Respondent


Advocates:
B.P.BHANDARI, MUKUL ROHTAGI, P.C.KAPUR, R.C.BHATIA, YOGESH K.JAIN

JUDGMENT

KOSHAL, J.—This appeal by special leave is directed against the judgment dated August 7, 1979 of a single Judge of the High Court of Delhi accepting a petition made by the landlady for revision of the order of an Additional Rent Controller (hereinafter called the Controller) of Delhi refusing to direct eviction of the tenant.

2. The landlady had sought eviction of the tenant from the premises in dispute on the ground covered by clause (e) of the proviso to sub-section (1) of Section 14 of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act), namely, that she required them bona fide for occupation as a residence for herself. Her application being triable in accordance with the procedure laid down in Section 25B of the Act, the tenant sought the controllers leave to contest it on grounds which were stated in his affidavit. The leave was granted and thereafter the tenant filed a written statement contesting his eviction which was ultimately disallowed. The learned Controller held that although the landlady had proved that she required the premises bona fide for her own occupation, she was disentitled to the relief claimed by her for two reasons which were (1)




































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