T. V. R. Tatachari, J.

( 1 ) THIS petition has been filed by a tenant, 0m Parkash, under Article 227 of the Constitution of India, against an order of the Financial Commissioner, Delhi (Annexure H), dated 2nd April, 1970, whereby the Financial Commissioner set aside an order of the Competent Authority under Slum Areas (Improvement and Clearance) Act, 1956, passed on 28th August, 1959 and granted permission to the landlord to proceed with the execution of a decree for eviction obtained against the tenant

( 2 ). The petitioner, 0m Parkash, is a tenant under respondent 1, Lachhman Dass, in respect of a bullding bearing Municipal No. 6894, Gali Mian Sahib, Beriwala Bagh, Ward No. XIII, Delhi-6, on a monthly rent of Rs. 3. 00. Respondent 1 filed eviction proceedings against the petitioner under clause (e) of the proviso to sub-section (1) of section 14 of the Delhi Rent Control Act (59 of 1958) and obtained an order of eviction in respect of the aforesaid premises. On 7th June, 1967, respondent 1, applied to the Competent Authority, Slum Areas (Improvement and Clearance) Act, Delhi, under section 19 of the said Act, for permission to execute the aforesaid eviction order against the petitioner. The petitioner contested the application and pleaded that he was a very poor illiterate man, that he was plying a Rehra (cart) and getting about Rs. 3. 25 paise daily, that he had to support his family consisting of four members with that meagre income, and that he was not thus in a position to acquire any alternative accommodation, and would, therefore, create a slum in case he is evicted.

( 3 ) RESPONDENT 1 filed only his own affidavit, dated 7th November, 1967 (Annexure A) in support of his case. He stated in that affidavit, inter aha, that the petitioner and his mother Bhag Wanti were recorded in the voters list as residing in one house at Serial No. 522 and 524, that the wife of the petitioner was recorded in the said voter list at Serial No. 523, that ration card No. 1398568 showed that the mother of the petitioner was a member of the petitioner s family, that from the claims left by the petitioner s father, a house, No. F-79. at Garhi in Lajpat Nagar, New Delhi, was purchased in the name of the petitioner s mother, and the same was let out on a rent of Rs. 45. 00 per month, that a plot of land was purchased by the petitioner in Mahabir Nagar near Tilak Nagar for Rs. 3,000. 00, and that the petitioner owned a Rehra and a horse which he disposed off about six months ago at Rs. 600. 00 and has since been working with one Prem Nath at Rs. 6. 00 per day.

( 4 ). In rebuttal, the petitioner filed affidavits of himself, and Sarvshri Walati Ram, Gulcharan Dass, Lal Chand and Prem Nath (Annexures B, C, D, E, and F respectively), all of them dated 16th January, 1968. Sarvshri Walati Ram, Gulcharan Dass, Lal Chand and Prem Nath stated in their respective affidavits that the petitioner had been plying Rehra and had not been getting more than Rs. 100-/ per month. They also averred that the petitioner did not own any of the properties mentioned by respondent I, that the petitioner s mother was not living with him for the last 15 years or so, as they were not on good terms, that she had been living separately from the petitioner since 1953 at Garhi, Lajpat Nagar, New Delhi, and was not dependent upon the petitioner, and that the petitioner had a family of four members to support with his meagre income.

( 5 ). By his order, dated 28th August, 1959 (Annexure G), Shri D. K. Poddar, Competent Authority (S ). accepted the averments in the affidavits filed on behalf of the petitioner, and held that he was a poorman earning about Rs. 100. 00 per month and will definitely create a further slum in case he is allowed to be evicted. As regards the alleged house in Lajpat Nagar, the Competent Officer held that in view of the Ration Cards produced in the case it appeared that the petitioner was previously living together with his mother but that his mother has now

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