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1990 Supreme(Del) 168

High Court Of Delhi
RANJAN GUPTA - Appellant
Versus
A.F.FERGUSON AND COMPANY - Respondent
Civil 479 of 1989
Decided On : 05/25/1990

Advocates Appeared:
A.K.Virmani, D.S.Narula, H.K.DUTT, Indra Sawhney, M.L.VARMA, R.K.Anand

The owner-landlord's requirement for additional accommodation must be bona fide and that the extent of accommodation cannot be left to the mere desire or whims of the owner.

Headnote:

DELHI RENT CONTROL ACT - SECTION 14 (1) (E) AND SECTION 25B - SUFFICIENCY OF ACCOMMODATION - OWNER-LANDLORD'S REQUIREMENT - BONA FIDE NEED - INTERPRETATION AND APPLICATION.

Fact of the Case:

The owner-landlord filed a petition for eviction of the respondent company from the first floor of the premises, claiming bona fide requirement for himself, his wife, two minor children, and his mother. The ground floor of the premises was in the possession of the petitioner and his family.

Finding of the Court:

The court found that the petitioner had shifted to Delhi and had a bona fide desire to occupy the first floor. However, the court held that the accommodation available with the petitioner on the ground floor was more than sufficient for his comfortable living and that he was not entitled to any further accommodation.

Issues: Whether the petitioner had shifted to Delhi and had a bona fide requirement for the first floor.

Ratio Decidendi: The court held that the owner-landlord's requirement for additional accommodation must be bona fide and that the extent of accommodation cannot be left to the mere desire or whims of the owner. The court also held that the accommodation available with the petitioner on the ground floor was more than sufficient for his comfortable living.

Final Decision: The court dismissed the petition for eviction, holding that the petitioner's need for the first floor was not bona fide.

N. N. Goswamy

( 1 ) THIS revision petition by the owner-landlord is directed against the order dated 9. 2. 1989 passed by the Additional Rent Controller, Delhi, whereby his petition under Section 14 (l) (e) read with Section 25b of the Delhi Rent Control Act was dismissed.

( 2 ) THOUGH the petition has not been formally admitted but I have looked into the entire record and I have heard the learned counsel for the parties at length at the admission stage itself. The petitioner is the owner landlord of premises No. 56-B; Friends Colony, New Delhi. First floor of the premises was let out to the respondent company. Originally the petition was filed on the ground that the ground floor of the premises which was in occupation of the petitioner was occupied by his mother and his sister and her daughter. It was alleged that the sister had been deserted by her husband and therefore was dependants on the petitioner for residence. It was pleaded that the petitioner was enjoying a very high status and in addition to his business at Ludhiana lie was having a business at Delhi and wanted to shift to Delhi. It was further pleaded that he being of a very high status could not live on the ground floor where his mother and sister and her daughter are living and therefore his requirement for the first floor was bona fide. It is not necessary to go into the details regarding the requirements pleaded in the petition because there has been a substantial change during the pendency of the petition - itself. By now admittedly the sister of the petitioner has got re-married -and is happily settled with her husband. The petitioner who himself was unmarried at the time when he had instituted the eviction petition has got married and is having two minor-children. Thus, at present the requirement is of the petitioner, his wife, two minor children and the mother of the petitioner.

( 3 ) THE arguments were addressed at length on the question as to whether the petitioner had shifted to Delhi or not. It is true that at the time when the petition was filed or till 1988 it was only a desire of the petitioner to shift to Delhi. According to the petitioner he has in fact shifted prior to 1988 though from the evidence of his sister and even from his own statement it cannot be spelt out that he had shifted to Delhi prior to 1988. In any case I am of the view that actual shifting is not necessary as long as the desire to shift is bona fide. The petitioner admittedly has his business at Delhi also. His children are now admitted in a school at Delhi and, therefore, it cannot be said that the desire of the petitioner to shift is not bona fide. Thus, I have proceeded on the assumption that the petitioner has shifted to Delhi.

( 4 ) THERE is no dispute regarding the ownership and the letting purpose. It is established that the petitioner is the owner and the letting purpose was residential. As such the arguments were addressed only on the question of sufficiency of accommodation as far as the petitioner is concerned. A plan of the premises is available on record and is not in dispute. The ground floor which is admittedly in possession of the petitioner consists of drawing room dinning room, four bed rooms, a family lounge, a lobby and a glazed verandah. All the rooms are of fairly big size including the lobby and the verandah. The lobby itself is of 12 x14 and none of the bed rooms is less than 12 x15 . The bed rooms are attached with toilets and dressing rooms. The contention of the learned counsel for the petitioner was that one bed room is required for the petitioner and his wife, one bed room for the mother. one bed room for the sister of the petitioner whenever she visits and as such there is no accommodation for the guests and the study. It was also contended that the mother of the petitioner requires a puja room. In addition it was also submitted that the mother of the petitioner needs a separate kitchen also since her relations with her daughter-in-law are not very





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