High Court Of Delhi
JAGATJIT INDUSTRIES LIMITED - Appellant
Versus
RAJIV GUPTA (LANDLORD) - Respondent
Civil 73 of 1978
Decided On : 09/25/1980
Ground floor let out for residence of Managing Director and the first floor and Barsati floor for quest house of the company : held premises not let out for residential-cum-commercial purpose.
Lease Deed not duly stamped or registered in admissible in evidence under Section 35 of Indian Stamp Act and under Section 49 of registration Act — no notice is necessary to tenant before instituting eviction proceedings when he is holding over and the lease has terminated by the efflux of time.
When there is campsite tenancy of the entire property it cannot be divided into two tenancies — the eviction order has to be passed in respect of entire property even though the requirement of the landlord will be met by the accommodation on the first and second floors.
Section 25(B) of the Delhi Rent Control Act, 1958 — High Court under this Section exercises only revisional powers — it has power to interfere where the order of controller is without jurisdiction or contrary to law or his findings are not based on evidence — High Court will not be justified in interfering with the plain finding of fact.
( 1 ) THIS is a petition under Section 25b (S) of the Delhi Rent Control Act, 1958 (hereinafter called the Act ) on behalf of the tenant challenging the order of eviction dated 4/8/1978 passed by the Additional Controller in favour of the respondent-landlord. The respondent on 21/1/1977 filed an eviction petition under Section l4 (1) (e) of the Act alleging that he is the owner of the suit property at B-16 Greater Kailash, New Delhi, that the property was let to the petitioner for residential parposes, that he bonafide requires the premises as a residence for himself, his wife and his two children dependent on him and that he has no other reasonably suitable residential accommodation. he further says that he has been residing with his father at 30,chatra Marg,delhi in a single room measuring 17 x 15 : 9" He is the Zonal Manager ofu public limited company, namely. Motor and General Finance Limited and he is also Director of other public limited companies drawing a salary of Rs. 33. 00. This petition was tried under Section 25b of the Act. The tenant was granted leave to contest and after recording evidence the Additional Controller held that the respondent-landlord was entitled to an order for recovery of possession from the petitioner-tenant. The learned counsel for the petitioner contends that the eviction order passed by the Controller is not in accordance with law and therefore the same is liable to be set aside by this court in exercise of revisioral powers under Section 25b (8) of the Act. The petitioner raises the following questions : 1. That the eviction notice dated 17/9/1976 Ex. AW2/5 was served upon the petitioner on 20/9/1976 which purported to terminate his tenancy on the expiry of 31/10/1976. The petitioner says that in terms of the memo of lease dated 6/2/1970 the contractual tenancy was liable to be terminated only by two months notice ;
( 2 ) THAT the respondent-landlord has reasonably suitable residential accommodation at 30, Chatra Marg, Delhi as he has been residing with his father and that he docs not bonafide require the suit premises for the residence of himself or any member of his family ;
( 3 ) THAT the premises in suit were let to the petitioner for residence- cum-commercial purposes ; and
( 4 ) THAT the requirement of the respondent-landlord, if any, can be satisfied if he gets possession of the first floor and second floor of the suit premises for which a rent of Rs. 2000. 00 per month was fixed at the time of lease. Learned counsel for the respondent on the other hand contends that the memo. of lease dated 6/2/1970 is not admissible in evidence as the same is not duly stamped and is unregistered. He further says that the findings regarding purpose of leting and the bonafide requirement of the respondent- landlord are fingings of fact and are not liable to be reversed in revision under Section 25b of the Act. He further says that the tenancy of the entire building is composite and the same connot be spilt and that partial decree for eviction cannot be passed. To appropriates the contentions of the parties the relevant facts of the case are: The entire property consisting of ground floor, first floor and second floor at B-16, Greater Kailash, New Delhi was let out to the petitioner from 1st May. 1969. This was oral tenancy accom-panied by delivery of possession. It was a tenancy for a fixed period of 11 months. The agreed rent was Rs. 4000. 00 per month i. e. Rs. 600. 00 as property taxes and Rs. 3400. 00 as rent. The petitioner further state that the rent of the ground floor was fixed at Rs. 2000. 00 and the rent for the upper floors i. e. first and second floors was fixed at Rs. 2000. 00. On 6/2/1970 a memo. of lease was executed between the parties. It was signed by the petitioner and the respondent. The ground floor of the suit property was let for residence of the Managing Director of the petitioner while the first floor and Barsati floor of the property were to be used as Guest
REFERRED TO : Hari Shanker Others v. Rao Girdhari lal Chaudhry
Pooran Chand v. Motilal others
Firm Sardari Lal Vishwa Nath and others v. Pritam Singh
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