A tenant cannot be evicted from a premises if the landlord has sufficient accommodation in his own house or in the house of his father-in-law.

( 1 ) THIS Civil Revision is directed against an orderdated 3-3-1981, of Mr. Kuldip Singh, III Additional Rent Controller, whereby he dismissed the petition moved by Smt. Kamla Tandon under Section14 (l) (e) read with Section 25-B of the Delhi Rent Control Act for ejectmentof Brij Kishore Kapoor, tenant, from the ground floor of the demisedpremises in house No. 4227, Ansari Road, Darya Ganj, Delhi. The same iscomprised of two rooms, one store, kitchen, latrine with compound and amiani. The first floor thereof consisting of two rooms, store, kitchen andbath is already in possession of the petitioner.

( 2 ) THE respondent is an old tenant there at the rent of Rs. 125. 00 permonth. The petitioner purchased the property from the previous owner in1969. At present she is staying in house No. 4764, Darya Ganj, Delhi, which issaid to belong to her father-in-law who has a big family consisting of as many as 20 members. She has, however, been according to her, asked by her father-in-law to shift to her own house. Her own family is comprised of herhusband, five daughters, two of whom are married, and one son. The husbandis a Chartered Accountant of 27 year s standing, and the petitioner is also anincome tax payee from the business known as "rangnath Publication" saidto be carried on from the first floor of the property in dispute.

( 3 ) THE respondent s case before the Rent Controller was that thepetitioner was not living with other members of her father-in-law s family,but was exclusively occupying the house No. 4764, Darya Ganj. The same,it was pleaded, has enough accommodation for the petitioner s requirements. As regards the father-in law, and his other members of the family, they arestated to be residing in a house in Dharampura. It was denied that anypublication business was being run from the first floor of the property indispute. Rather it has been stated that the same is lying vacant, with even the electric connection having been disconnected. It was got vacated in 1971.

( 4 ) THE learned Rent Controller after considering the evidence that had been led before him, came to the conclusion that the premises in disputewere actually let out to the respondent for residential purpose, and not forresidence-cum-business as asserted by him. It was at the same time foundthat the petitioner s father-in-law and his family members were staying inthe house at Dharampura, and that the petitioner and her family wereentirely occupying the property No. 4764, Darya Ganj. The accommodationin her possession there, was found sufficient. As such the petition forejectment was dismissed.

( 5 ) THE controversy raised in this revision concerns the finding thatthe petitioner has sufficient accommodation already in her possession forresidence. In this regard, reference has been made to three properties. Onehas been at Dharampura, which has since long been in possession of the petitioner s father-in-law. He and the members of his family are enrolledas voters from that property. They are also drawing their rations fromthere. No plan of this property has been filed, nor the father-in-lawexmined. It was, however, sought to be brought out by the petitioner thatthe same is a small property covering an area of about 70 sq. yds. , and thatit was obtained on lease by the grand father of the petitioner s husband, andthat his uncles are also as such interested and entitled to its benefit. Theproperty No. 4764, Darya Ganj where the petitioner is at present residing,has been shown in plan Ex. A. 2 filed on record. The same shows that it hastwo rooms on the ground floor along with a gallary, latrine and some openspace. The first floor has one big room of 7 ft. x 16 ft, a small temporaryroom, a store, bath and kitchen. The second floor has three rooms and asmall store. There is thus only one kitchen in the room. The petitionercontends that she is in occupation of only one room in this property which isquite insufficient for the requirements of the family and th