Judgment

Thomas, J.-A widow wants to shift her residence from Calcutta to New Delhi to occupy her own building which is presently in the possession of her tenant - M/s. United India Insurance Company Limited. Though she got an order of eviction from the Rent Controller under Section 14(1)(e) of the Delhi Rent Control Act 1958 (for short “the Act”), a single Judge of the Delhi High Court non-suited her by reversing the order. She has sought for special leave to appeal against the said decision of the High Court. Leave granted.

2. When she filed a case before the Rent Controller her husband was alive. By the time her case reached the stage of evidence she became a widow, but that did not affect her claim for eviction because it was not for the use of her husband that the building is required. At present she is staying at Calcutta in a flat with her son and his family. She is doing business, along with her son, in Patents and Trade Marks. In connection with the said business they have to be in Delhi quite often. The house where she is now living in Calcutta is on the third floor of a building which she finds it very inconvenient particularly on account of a knee trouble which she has de