The satisfaction of the Rent Controller regarding the necessity of eviction for repairs under Section 14 (1) (f) of the Delhi Rent Control Act is essential, and clear, unambiguous admissions are required for an order of eviction based on alleged admissions.

ANIL KUMAR, J.

( 1 ) THE petitioner has impugned the order dated 3. 5. 2006 of Additional Rent controller, Delhi dismissing the application of the petitioner/landlord under order 12 Rule 6 of the Code of Civil Procedure seeking an order of eviction under Section 14 (1) (f) of Delhi Rent Control Act.

( 2 ) THE petitioner contended that notice dated 5. 10. 2004 was given on behalf of respondent/tenant by his counsel Sh. Yoginder Gautam contending that the petitioner had constructed the remaining back portion of the shop by putting the lintels and the condition of the tenanted shop has become dilapidated. It was also pleaded that two stones of the chajja upon the chabutara fell on 2. 10. 2004 due to rains and that the level of back portion of the shop is higher from the floor level of the shop and the level of the tenanted shop is about 1. 5 ft lower than the road level. Relying on these conditions of the tenanted premises it was demanded that repairs are necessary in the shop and the petitioner/landlord was asked either to carry out the repairs otherwise the repairs shall be carried out by the respondent/tenant himself. The respondent, however, did not spell out the exact nature of repairs required to be carried out in the premises demised to him and that the repairs could not be carried out without getting the premises vacated from him.

( 3 ) THE petitioner/landlord, thereafter, filed the petition under Section 14 (1) (f) of the Delhi Rent Control Act which is as under:-

"14 (1) (f): that the premises have become unsafe or unfit for human habitation and are required bona fide by the landlord for carrying out repairs which cannot be carried out without the premises being vacated. "

( 4 ) IN the petition filed by the petitioner under section 14 (1) (f) of delhi Rent Control Act, 1958, an application under Order 12 Rule 6 of the Code of Civil Procedure was filed by the petitioner contending that since the fact that the premises requires repairs is not disputed, rather the respondent tenant in his notice has demanded that the repairs be carried out to the premises, therefore, on the basis of admissions made by the respondent, an order of eviction under section 14 (1) (f) of Delhi Rent Control Act, 1958 be passed in favor of petitioner and against the respondent. Reply to application was filed by the respondent who denied that an order of eviction can be passed against him on the application of the petitioner under Order 12 Rule 6 of the Code of Civil procedure.

( 5 ) THE learned Additional Rent Controller considered the contentions of the petitioner and the respondent and held that an order of eviction can be passed only if all the facts as prescribed under the Act are made out. The additional Rent Controller also relied on Section 14 (8) of Delhi Rent Control act and held that in order to pass an order of eviction under Order 12 Rule 6 of the Code of Civil Procedure, the admissions made by the respondent/tenant must be clear, unequivocal and unconditional. The Additional Rent Controller also held that in order to pass an order under Section 14 (1) (f), there should be satisfaction of the Controller that proposed reconstruction will not radically alter the purpose of letting; even if there is such an alteration, it is in public interest; the plans and estimate of such reconstruction have been properly prepared and the landlord has necessary funds available with him for this purpose and consequently holding that these ingredients for an order under section 14 (1) (f) are not there, therefore, the order of eviction cannot be passed on the basis of an application under Order 12 Rule 6 of the Code of Civil procedure.

( 6 ) THIS order has been challenged by the petitioner/landlord in the present petition. The grievance of the petitioner is that Section 14 (8) is not applicable for the ground of eviction under Section 14 (1) (f) of the Rent Control act as the provisions of Section 14 (8) are relevant in case of ground of eviction und