KAMLA TANDON Vs. BRIJ KISHORE KAPOOR
HIGH COURT OF DELHI
BRIJ KISHORE KAPOOR
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D.R. Khanna -
(1.)This Civil Revision is directed against an orderdated 3-3-1981, of Mr. Kuldip Singh, III Additional Rent Controller, whereby he dismissed the petition moved by Smt. Kamla Tandon under Section14(l)(e) read with Section 25-B of the Delhi Rent Control Act for ejectmentof Brij Kishore Kapoor, tenant, from the ground floor of the demisedpremises in house No. 4227, Ansari Road, Darya Ganj, Delhi. The same iscomprised of two rooms, one store, kitchen, latrine with compound and amiani. The first floor thereof consisting of two rooms, store, kitchen andbath is already in possession of the petitioner.
(2.)The respondent is an old tenant there at the rent of Rs. 125.00 permonth. The petitioner purchased the property from the previous owner in1969. At present she is staying in house No. 4764, Darya Ganj, Delhi, which issaid to belong to her father-in-law who has a big family consisting of as many as 20 members. She has, however, been according to her, asked by her father-in-law to shift to her own house. Her own family is comprised of herhusband, five daughters, two of whom are married, and one son. The husbandis a Chartered Accountant of 27 year's standing, and the petitioner is also anincome tax payee from the business known as "Rangnath Publication" saidto be carried on from the first floor of the property in dispute.
(3.)The respondent's case before the Rent Controller was that thepetitioner was not living with other members of her father-in-law's family,but was exclusively occupying the house No. 4764, Darya Ganj. The same,it was pleaded, has enough accommodation for the petitioner's requirements.As regards the father-in law, and his other members of the family, they arestated to be residing in a house in Dharampura. It was denied that anypublication business was being run from the first floor of the property indispute. Rather it has been stated that the same is lying vacant, with even the electric connection having been disconnected. It was got vacated in 1971.
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