P. BHAGAT Vs. S. BANERJEE
HIGH COURT OF DELHI
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YOGESHWAR DAYAL, J. -
(1.)I find it convenient to decide Civil Revision Nos. 525 of 1982 and 526 of 1982 by this common judgment as they relate to proceedings for eviction of two tenants from barasti floor and first floor respectively of premises No. 19/37, Old Rajinder Nagar, New Delhi, in view of two petitions for eviction which were filed by Shri P. Bhagat, the petitioner-landlord.
(2.)TWO petitions for eviction were filed by Shri P. Bhagat in view of his impending retirement from service with effect from 31.1.1981. Both the petitions were filed on 5th July, 1980 and the date of superannuation of the petitioner-landlord was 1.2.1981. At the time when the petitions for eviction were filed the landlord was living in a Government allotted accommodation at 179, Rouse Avenue, New Delhi. The Government accommodation in occupation of the petitioner could be retained for two months after retirement on the same rent on which the petitioner was occupying it during service and was thus required to vacate it by 31st March, 1981. Later on he was permitted to retain this accommodation for another six months at double the rent at which he was occupying it during service.
I may mention that in the present cases there is no dispute as to the ownership of the property, relationship of landlord and tenants or about the purpose of letting. There is again no dispute that the petitioner-landlord had no other reasonably suitable accommodation available to him when he filed the petitions for ejectment and when they were dismissed by the learned trial Court.
(3.)THE learned Additional Rent Controller dismissed the eviction applications on two grounds : (i) that the accommodation from which the eviction is sought by the landlord is not suitable for him and (ii) that the requirement of the landlord is not bonafide inasmuch as the landlord had let out the ground floor of the aforesaid premises five days before the filing of the present proceeding for eviction out of which these revisions have arisen.
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