High Court Of Delhi
KRISHAN LAL - Appellant
Versus
RAJAN CHAND KHANNA - Respondent
Civil 551 of 1991
Decided On : 05/28/1992
Held:
(Page No. 333 Para No. 14.)
DELHI RENT CONTROL ACT, 1958 - Section 14(1)(e) — Bona fide requirement — eviction of tenant — Ingredients for eviction of tenant.
(Page 334 - Para No. 21)
DELHI RENT CONTROL, 1958 - Section 25-B (8) — Scope of Revisional Jurisdiction of High Court — ambit and scope.
(Page 334 Para No. 24.)
DELHI RENT CONTROL ACT, 1958 - Section 14(1)(e) — Eviction proceeding — Respondent become owner by registered gift deed — it is not open to the tenant to challenge validity of the gift.
(Page 336 Para No. 28. )
DELHI RENT CONTROL ACT, 1958 - Section 14(1)(e) — Eviction proceedings-premises let out for residential-cum-Commercial purposes — Documents clearly establish that suit premises let out for residental purposes — premises located in residential area — Petitioner tenant and his children living there since inception of tenancy — seems improbable that premises could have been used for commercial purposes.
DELHI RENT CONTROL ACT, 1958 - Section 14(1) (e) — Eviction for Bona fide requirement — respondent — Landlord belongs to Delhi, his son has joined service in Delhi and his family residing in Delhi — respondent — Landlord requires premises bonafide for himself and other members of family — Since no premises available to him — requirement of respondent — landlord reasonable and bonafide — Revision petition dismissed.
In the present case, the respondent-landlord belongs to Delhi, his son has joined service here and his family is residing here. His contract of service also expired. thereforee, his desire to shift to Delhi is bonafide.
If a person is in occupation of the other premises on leave and license, they are obviously not available to the landlord for occupation and cannot be taken into account for negativing the need of the landlord for the premises in question. Since no premises are available to him for actual occupation, it has, thereforee, to be held that the requirement of the respondent-landlord is reasonable and bonafide and the Finding of the trial court is confirmed.
( 1 ) THIS revision petition under Section 25-B (8) of the Delhi Rent Control Act (hereinafter reffered to as the "act") has been filed by the tenant-petitioner against the order dated 16. 7. 1991 passed by Smt. Sunita Gupta, Additional Rent Controller, Delhi whereby she has allowed the eviction petition of the respondent-landlord under Section 14 (l) (e) of the Act for bonafide requirement and consequently an order of eviction in respect of Kothi No. 5, Sri Ram Road, Delhi has been passed.
( 2 ) THE relevant facts as stated in the petition are the respondent-landlord was the owner of the premises in his capacity as the Karta of the Joint Hindu Family known as Rajan Chand Khanna and Sons comprising of the respondent-landlord himself, his wife and two sons. The premises Kothi No. 5, Sri Ram Road, Civil Lines, Delhi were let out to the tenant on a monthly rent of Rs. 198. 00 p. m. besides Rs. 26. 78 as house tax and Rs. 2. 00 p. m. as sweeper charges for residential purposes and has been used as such since the inception of the tenancy. The premises were let out in July, 1951 and no rent note was executed.
( 3 ) THE respohdent -landlord had been working with C. P. A. Consultancy Services Private Limited, 11/1-A, Sarojini Naidu Sarani, Calcutta, under a contract for a period of five years at that time, which was to expire on 30th June 1981. At the time of institution of the eviction petition, the petitioner had been residing in Calcutta, but the climate of Calcutta being humid did not suit the eldest son, Rajesh Khanna, of the respondnt-landlord as he had been suffering from Asthma and the doctors advised him to shift his residence from Calcutta to Delhi where the climate is dry. The respondent-landlord wanted to make certain additions and alterations in the premises to suit his requirements, if the premises were vacated by the tenant. The mother and the brothers of the respondent-landlord, along with their family members, are settled in Delhi and the respondent-landlord intended to settle in Delhi on his contract coming to an end on 30th June, 1981. However, the respondent- landlord s wife and sons would immediately shift to Delhi even before the term of the respondent-landlord s contract came to an end on account of ill health of the eldest son of the respondent-landlord. The respondent-landlord had no other suitable accommodation for residence for himself and other members of his family.
( 4 ) DURING the pendency of the eviction petition, the respondent-landlord moved an application dated 2. 2. 1987 under Order 6 Rule 17 and Section 151 of the Code of Civil Procedure for amendment of the petition which was allowed by the trial Court on 21. 4. 87. By amendment certain subsequent facts were incorporated in the petition. It was stated that Rajesh Khanna, the eldest son of the respondent-landlord, bad completed his study and had shifted to Delhi from Calcutta due to his being Asthama patient as humid climate of Calcutta was not suitable for him. Rajesh Khanna had taken up a job with M/s. Markets India Limited, Delhi w. e. f. 5. 1. 87 and was permanently stationed in Delhi. Since he had no place of his own to live in Delhi, he had been staying as a guest/licensee with his patnernal aunt at 8, Sri Ram Road, Civil Lines, Delhi. He would have to shift to his other relations house in near future in order to avoid embarassment on account of long stay as a guest with his paternal aunt Further, Rajesh Khanna attain the age of 24 years on 17. 5. 1987. He is of marriageable age. Since he was settled in Delhi and he intended to be marrieds hortly and his marriage was being postponed and delayed on account of not having of his own house in Delhi, respondent-landlord s wife also wanted to shift to Delhi in order to stay with her son Rajesh Khanna but because of non-availability of the respondent- landlord s own house she was not able to shift to Delhi and stay with her son. Landlord s retirement was also shortly due and he would a
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