Hish Chandra, J. - (1.) The petitioner before me is a tenant whochallenges an order of eviction passed against him by the learned AdditionalRent Controller on grounds covered by clause (e) of Section 14(1) of theDelhi Rent Control Act, 1958.
(2.) . The premises were let out by the landlord to the tenant under an agreement proved by the landlord and marked Ex. AW1/4. This agreement is on page 81 of the records of the Lower Court. Para 7 of the agreement provided as under :"That the lessor shall pay all the taxes of any kind whatsoeverincluding house tax ground rent as are or may hereinafter be assessedon the demised premises by the municipality or any other authoritywhatsoever provided the premises are used for residence only."Para 12, towards the end of the agreement, provides as under :"That the Lessee shall use the premises for the purpose of Residential/Personal Office only and not for commercial purposes."In the application for eviction in para 18 (a) the landlord averred that :"That the petitioner who is the owner of the premises, whichwere let out to the respondent for residence, bonafide requires thesame for residence for his wife and his son Shri Ashok Kumar Talwar......................."
(3.) . In response to a notice of the eviction petition under the provisions of Section 25B of the Act, the tenant filed an application for leave todefend and set out 9 grounds therein. Ground number 3 was set out in thefollowing words:"(e) The premises were let-out to the applicant/tenant for residence as well as personal office as would be clear from the lease-deed,referred to above. No application for eviction from such premises ongrounds of personal bonafide need is contemplated under Section14(l)(e) of the Delhi Rent Control Act, 1958. The petition for eviction is liable to rejection on this ground alone."In reply to the ground of the application, the landlord stated :3(c)"ParaS(c)of the respondent's application as stated is incorrect except that the premises were Jet out to the respondent for the purpose of residential/personal office only andnot for commercial purposes." It is so clearly mentioned inthe Rent deed. Such letting purpose covers up the groundof eviction under Section 14(l)(e) of Delhi Rent Control Act.The premises are being used by the respondent for residentialpurpose only. It is not even his case that he is using thesame for any commercial purpose. ";