RAM LAL Vs. BHARAT SINGH

JUDGEMENT

(1.) The facts giving rise to this second appeal are that Bharat Singh, predecessor-in-interest of the respondents herein filed a petition seeking eviction of Ram Lal predecessor-in-interest of the appellants herein from premises No.91A/UB, Jawahar Nagar, Delhi, on the ground of bonafide requiremt pleading, inter alia, that he is the owner and landlord of the premises in suit, which were let out for residential purpose and the same are required bonafide by him for occupation as residence for himself and for the members of his family dependent upon him, particularly for his son Vishan Dass who is employed in DESU at Kamla Nagar, being dependent upon him and that the petitioner has no other reasonably suitable alternative accommodation. Both the courts below i.e.Addl Rent Controller and the Rent Control Tribunal came to a concurrent Finding of fact that the premises were let out for residential purpose by Bharat Singh as its owner-landlord and need of the landlord is genuine and that he has no other reasonably suitable residential accommodation in Delhi.

(2.) The eviction order was passed by the Addl Rent Controller on 11.8.1976 which was confirmed by the Rent Control Tribunal on 23.2.1979. It is this order of the Rent Control Tribunal which has been challenged in this second appeal before this Court.

(3.) The only point pressed before me by the learned counsel for.the appeallants is that Bharat Singh, predecessor-in-interest of the respondents was in possession of a big house in village Dhaka, Dhirpur, Delhi, where he was residing with his sons and other family members. In the eviction petition need was alleged to be that of his son Vishan Dass who was employed in DESU at Kamla Nagar. On the contrary, the respondents got possession of room vacated by Udey Bhan, Mohan Lal and Bodh Raj during the pendency of the eviction petition, counsel submitted.