Rc. Rev. No. 04/2007. Case: B.K. Suri Vs Sh. G.D. Chopra and Ors.. High Court of Delhi (India)
| Case Number | Rc. Rev. No. 04/2007 |
| Counsel | For the Appellant: Satish Sahai, Adv. and For the Respondents: Y.P. Bhasin, Adv. |
| Judges | Vipin Sanghi, J. |
| Issue | Delhi Rent Control Act - Section 14(1); Constitution of India - Article 227 |
| Judgement Date | October 06, 2009 |
| Court | High Court of Delhi (India) |
Judgment:
Vipin Sanghi, J.
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I have heard learned counsels for the parties at length and I proceed to dispose off this revision petition preferred by the petitioner/tenant against the order of eviction dated 01.09.2006 passed by the learned Rent Controller Sh. Sanjeev Aggarwal under Section 14(1)(e) of the Delhi Rent Control Act (the Act) in E-90/2001.
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The petitioner was inducted as a tenant in respect of one room with bath and kitchen, in the annexe block on the ground floor of property No. B-22, Greater Kailash Enclave-II, New Delhi 110048 in the year 1978. In the year 1994 the monthly rent settled was Rs. 1200/-.
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The original eviction petition had been filed by Sh. G.D. Chopra, since deceased. During the pendency of the eviction petition he passed away and was substituted by his widow and other legal representatives namely his three sons and four daughters.
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The original respondent Sh. G.D. Chopra filed the eviction petition on the ground of bona fide requirement of the aforesaid tenanted premises for the purpose of his and his family's residence. The case of the respondent/deceased landlord was that his family consisted of himself, his wife, his elder son Sh. S.M. Chopra, who was 60 years of age when the eviction petition was filed in the year 2000, Sh. S.M. Chopra's wife, Sh. S.M Chopra's two children namely one son and one daughter then aged 30 years and 32 years, the second son of Sh. G.D. Chopra Sh. Ravi Chopra, then aged 53 years, having two children - one son and one daughter, then aged 18 and 16 years, the third son of Sh. G.D. Chopra namely Ram Chopra, his wife and two children then aged 10 years and 8 years, one married daughter Smt. Urvashi M. Singh having three daughters - then aged 38 years, 36 years and 26 years, second married daughter Smt. Snehlata Nagpal having three children - one son and two daughters aged 40, 42 and 36 years, third married daughter namely Smt. Padma Kapoor having three children - two daughters and one son then aged 17, 15 and 12 years and the fourth daughter Smt. Asha having three children - one son and two daughters then aged 16, 13 and 9 years. The respondent/landlord disclosed that his son Sh. S.M. Chopra was residing in flat No. 4-D, Evershine Apartment, Vikaspuri. The second son Sh. Ravi Chopra is residing on the second floor of the suit premises bearing No. B-22, Greater Kailash Enclave - II, New Delhi. The third son Sh. Ram Chopra was then residing in MCD flats, Model Town in government accommodation. Smt. Urvashi M. Singh, widow, was residing at B-14, MIG Flats Sheikh Sarai, New Delhi. Smt. Sneh Lata Nagpal was residing at Dehradoon, Smt. Padma Kapoor was residing at 15/92 Vikram Vihar, Lajpat Nagar and Smt. Asha, the fourth daughter was residing at A-2 Malviya Nagar, New Delhi.
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The respondent/landlord also produced a plan of the whole house No. B-22, Greater Kailash Enclave, New Delhi wherein the premises let out to the petitioner/tenant was shown in red colour. The respondent claimed that the accommodation available with him was two bed rooms and one small drawing cum dining room on the ground floor and similar accommodation on the second floor which, as aforesaid, is in possession of second son Sh. Ravi Chopra. The deceased respondent disclosed that the rest of the accommodation in the premises was in possession of the tenants.
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The deceased respondent further disclosed that the daughters and their families including children are regular visitors to the suit premises. The daughters want to serve the respondent Sh. G.D. Chopra and his wife then aged 88 and 70 years respectively. The sons of the respondent also wanted to live with him as he was suffering from old age disease and the sons want to serve their parents and Sh. S.M. Chopra and Sh. Ram Chopra want to live in the suit premises. It was further stated that Smt. Urvashi M. Singh is a widow and her daughters are married and therefore, she could not live alone and wants to live with the landlord. It was further stated that Smt. Sneh Lata Nagpal's husband is old and she wants to live in Delhi for treatment of her husband as he is suffering from mental disorder. The respondent/landlord claimed that the accommodation already in his possession was not sufficient for him and his family members. It was further stated that the respondent's daughters regularly visit their parents and when they want to stay overnight, there is no suitable accommodation available with them.
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After grant of leave to defend, the petitioner filed his written statement. The petitioner submitted that all the children of the respondent/landlord are suitably accommodated and that they do not depend upon the respondent/landlord for the purpose of their residence. The petitioner stated that except Mr. Ravi Chopra, who is living on the second floor of B-2, Greater Kailash Enclave, New Delhi, all the other children of the respondent/landlord are independent and have bought their own houses in which they are presently living. It was further stated that the children of the respondent/landlord hardly visit the landlord and that they never come and stay with the landlord even for a night. It was claimed that the entire ground floor of the built up house on an area of more than 500 Sq. Yds. is with the landlord and his wife, whereas the entire second floor of the house is with Sh. Ravi Chopra, the only son living with the respondent/landlord. It was claimed that the accommodation at the disposal of the respondent/landlord is more than sufficient and that the eviction petition is mala fide.
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The petitioner further stated that the first floor and the second floor of the annexe block of the building, in...
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