SHIV SARUP GUPTA Vs. MAHESH CHAND GUPTA

JUDGEMENT

(1.) The appellant, a tenant in a residential accommodation has sought for special leave to appeal feeling aggrieved by an order of the High Court of Delhi which has in exercise of jurisdiction conferred by Section 25-B (8) of Delhi Rent Control Act, 1958 allowed a civil revision and directed the appellant to be ejected from the suit accommodation reversing an order of Additional Rent Controller, Delhi dismissing the landlord's application for recovery of possession of the suit premises on the ground specified in Clause (e) of the proviso to sub-section (1) of Section 14 of Delhi Rent Control Act, 1958 (hereinafter the Act, for short).

(2.) Leave granted.

(3.) The suit premises are situated at D-219, Defence Colony, New Delhi. The building has two floors and a Barsati. The accommodation in each of the two floors consists of two bathrooms, two bedrooms, a study room, a glazed verandah, a drawing-cum-dining room and a kitchen. There is a garage on the ground floor and a servant room on the Barsati floor. The landlord is occupying the ground floor. In July, 1978 the first floor and the Barsati were let out by the landlord to the tenant-appellant for residential purpose. There was some controversy whether one room of the suit premises had formed part of the tenancy or was illegally encroached upon and taken possession of by the tenant. However, that controversy is over and the parties before us have proceeded on assumption that the premises in occupation of the tenant are all included in the tenancy.