ONKAR SINGH AND ANOTHER Vs. SAHEB DITTA MAL KOHLI

JUDGEMENT

(1.) The appellant, who is the tenant, has filed this second appeal against the judgment and order dated November 20, 1967 of the Rent, Control Tribunal, Delhi, whereby the judgment and order dated April 24, 1967 of the first Additional Rent Controller, Delhi, for the recovery of possession of the premises in suit has been affirmed

(2.) The appellant has been in occupation of the ground floor of the double storeyed building Nos. 5 and 7, Block No. 1, Ramesh Nagar, New Delhi, The said building was sold by one Jaswant Singh to Tulsi Bai, wife of the respondent by a sale deed dated March 10, 1961 (Exhibit A3). Tulsi Bai died on November 4, 1963. On December 31, 1963 a rent note )Ex. A 6) was executed by the appellant in favour of the respondent upon whom the property devolved by inheritance on the death of aforesaid Tulsi Bai, his wife. Thereafter, on or about May 19, 1966, the petition which has given rise to this appeal was filed by the respondent claiming recovery of possession on the ground of personal bonafide requirement under clause (e) to the proviso to sub section (1) of section 14 of the Delhi Rent Control Act, 1958. It will be seen from these facts that the petition was filed within five years of the death of Tulsi Bai deceased. The appellant contested the application on merits and also pleaded the bar of sub-section (6) of section 14 of the Act.

(3.) Both the Tribunal and the Controller found as a fact that the respondent has proved his bonafide requirement and that finding is not challenged in this appeal. Emphasis has been laid by the appellant only upon section 14(6) of the Act to urge that the petition when filed was not maintainable.