Decided on February 22,1983

WARYAM SINGH Respondents


G.R. Luthra, J. - (1.)The present revision petition is directed against an order dated 25th April, 1981 of Shri K.C. Lohia, Additional Rent Controller, Delhi. Vide said order an application for leave to defend filed by the tenants was dismissed and the tenants were directed to be evicted.
(2.)Originally the tenant was Shri J.B. Kansal in respect of a portion of the first floor of house No. 34 UA, Jawahar Nagar, Delhi. He, however, died during the pendency of the litigation and was succeeded by his widow Smt. Kaushalya Rani and his minor son Deepak Kumar who are now the petitioners before this Court. S. Waryam Singh is the respondent and he is landlord of the premises.
(3.)According to S. Waryam Singh he is the owner of property No. 34 UA, Jawahar Nagar, Delhi. There is no dispute about the portion which is in occupation of Smt. Kaushalya Rani and her son. The landlord brought a petition under Section 25B read with Section 14(1)(e) of the Delhi Rent Control Act, 1958 for eviction of the tenant. According to the landlord, he required the tenanted portion for his occuption and that of his dependent sons, namely, Mohan Singh and Arjun Singh and a grandson Capt. K.N. Singh. The exact words in which the landlord described the details of the accommodation with him as well as his necessity are reproduced below :
(i) On the ground floor-Two rooms, store and a kitchen are occupied by Shri Mohan Singh, son of the petitioner. ; (ii) Eldest son of the petitioner Shri Pritam Singh died about 4/5 years ago and the petitioner's grandson Captain K.N. Singh with his wife and a daughter and two sisters occupies the remaining portion of the ground floor for his residence (shown in yellow). (iii) On the first floor-three rooms, store and kitchen are occupied by Shri Arjun Singh-son of the petitioner (shown in black). (iv) The portion marked in red is in occupation of the respondent, while the other tenant Shri S.K. Bhatia is in possession of one room, store and a kitchen (shown in green). (v) The petitioner is an old man and was living in a village in District Jullundar. Owing to old age the petitioner and his wife both aged 81 years and 77 years have come to Delhi to be near their sons and also to get medical aid as and when required besides regular care. (vi) The petitioner himself has no accommodation at all.


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