LAWS(SC)-2001-1-17

M L PRABHAKAR Vs. RAJIV SINGAL

Decided On January 04, 2001
M.L.PRABHAKAR Appellant
V/S
RAJIV SINGAL Respondents

JUDGEMENT

(1.) This appeal is against an Order dated 12th Nov., 1999.

(2.) Briefly stated the facts are as follows: The father of the respondent was the landlord of the premises in question . He filed an eviction petiton under Section 14(1)(e) of the Delhi Rent Control Act. This petition was on the ground of bona fide requirement. He claimed that he had two bed rooms and a verandah on the ground floor of the premises and his family consisted of himself, his wife, his son (the present respondent), two daughters and their families. He claimed that they did not own any other residential accommodation in Delhi. He, therefore, sought eviction of the appellant from the first floor of the premises bearing No. 16/58, Gali No. 1, Joshi Road, Delhi. The defence of the appellant was (a) that the Landlord had other suitable residential accommodation at No. 16/57, Gali No. 1, Joshi Road, Delhi and at Basant Road, Pahar Ganj, (b) that the daughters, did not stay with the father as they were married and they stayed with their husbands and (c) that the Landlord already had 4 bed rooms in his possession.

(3.) The Rent Controller by his judgment dated 24th Feb., 1993 dismissed the eviction petition. The Rent Controller held that there was suitable alternate residential accommodation both at 16/57, Gali No. 1, Joshi Road, Delhi as well as at Basant Road. The Rent Controller held that these had been suppressed. The Rent Controller also held that daughters were not residing with the original landlord. It was also held that the landlord had sufficient number of room in his possession to meet his requirement.