1998 Supreme(Del) 595
High Court Of Delhi
MAYA DEVI - Appellant
Versus
AMAR SINGH - Respondent
Decided On : 08/13/1998
Headnote:a) The case debated on alternate accommodation in relevance to bona fide requirement under Section 14(1)(e) of the Delhi Rent Control Act, 1958 – It was ruled that premises of a distance could not be considered b) The case debated on bona fide requirement under Section 14(1)(e) of the Delhi Rent Control Act, 1958 – It was observed that large family was living in two premises at two places – Hence it was ruled that eviction valid on the said ground of the desire of the family to live together
( 1 ) THE present petition is directed against the judgment dated 4th February, 1995 passed by the Additional Rent Controller, Delhi whereby the eviction petition of the petitioner under the provisions of Section 14 (1) (e) of the Delhi Rent Control Act (hereinafter REFERRED TO to as the `act ) was dismissed. The eviction related to the premises known as House No. 5596, Gali No. 1, Ward No. XII, New Chandrawal Subzi Mandi, Delhi wherein the respondent was tenant on the basis of oral tenancy prior to the purchase of the premises by the petitioner. The same comprised of one room, one verandah, common latrine on the ground floor which was let out at the monthly rent of Rs. 5. 00 for residential purposes exclusive of other charges. It was further alleged that the petitioner is a bed ridden woman and is suffering from arthritis for the last many years and her family consisted of herself, her husband, married son, his wife and two children and two married daughters who visit her along with their families. It is stated at the Bar that another child was born to son and his wife during the present proceedings. The husband of the petitioner has since expired. The accommodation available to the petitioner is one room, store on the first floor of House No. 5596 which is stated to be not suitable on account of illness of the petitioner. Moreover the need and requirement of the married son and his family was also one of the reasons for filing the eviction petition The respondent applied for grant of leave to defend which was granted and thereafter written statement was filed wherein a plea was taken that the respondent did not dispute the relationship of landlord and tenant. However, a plea was raised that the premises were let out to the father of the respondent who used to utilise it for residential as well as commercial purposes. It was further alleged that the petitioner had two rooms on the first floor and one tin shed on the second floor of the premises apart from one big hall and four rooms and courtyard under her tenancy. The following ingredients are laid down to deal with such matters:-
(A) That the petitioner is the owner of the tenanted premises. (b) That the premises are let out to the respondent tenant for residential purposes exclusively. (c) That the petitioner requires the premises bona fide for her residence as well as residence of the family members dependent upon her. (d) That the petitioner does not have any other reasonable suitable accommodation in Delhi.
( 2 ) THE issues relating to the ownership and purpose of letting were decided in favour of the petitioner and no meaningful argument has been raised by learned counsel for the respondent to impugn these findings. The plea of bona fide requirement was next considered and the learned Additional Rent Controller came to the conclusions as recorded in paragraphs 19 and 20 which may be reproduced as follows:-
"19. In Atam Prakash Vs. Ganeshi Devi 1985 (2) RLR 224 the optimum accommodation required for the family is that each couple (married) should have one room and each adult and grown up one room each. On the basis this yardstick the family of the petitioner consists of two married couples i. e. she her husband and her son and his wife who require two separate rooms. The children are of 6 yrs and 2 yrs of age thus the family of the petitioner require two living rooms and two living rooms are already at her disposal in the house No. 5545 and 5596. Apart from this there are four small rooms and one tin shed at her disposal in both these houses which are of such size as can be utilised easily as Guest room, study room pooja room and dining room etc. 20. It has been argued by the learned counsel for the respondent that the Court cannot prescribe for the landlord as to how he should live or prescribe the standard of their own. He has also argued that the petitioner needs one room for her pooja being old couple as also accommodation for her married daughters who