C.R.P.--736/1986. Case: SMT. SAVITRI SETH AND ORS. Vs. SHRI PARSHOTTAM DASS. High Court of Delhi (India)
| Case Number | C.R.P.--736/1986 |
| Citation | NA |
| Judgement Date | Thursday September 18, 2014 |
| Court | High Court of Delhi (India) |
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ C.R.P No.736/1986 % 18th September, 2014 SMT. SAVITRI SETH AND ORS. ......Petitioners
Through: Mr. Girish Aggarwal, Advocate with
Mr. Vaibhav Jain, Advocate.
VERSUS SHRI PARSHOTTAM DASS ...... Respondent
Through: Mr. Yashvardhan, Advocate. CORAM:
HON’BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
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This petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as ‘the Act’) is filed by the landlords against the impugned judgment of the Additional Rent Controller
6.5.1986 by which the Additional Rent Controller while finding all the aspects in favour of the petitioners i.e existence of relationship of landlord and tenant between the parties, the petitioners being owners, the premises being let out for residential purposes, the petitioners not having any other alternative suitable accommodation, and that the petitioners required the premises bonafidely
their residence and family members, yet, dismissed the eviction petition filed under Section 14 (1) (e) of the Act on the sole ground that eviction petition is only filed for a part of the tenanted premises inasmuch as room of the tenancy has been illegally/forcibly taken possession of by petitioners. Therefore, it is clear that though there is a finding on all aspects in favour of the petitioners with respect to the ingredients of Section 14(1)(e) of the Act, eviction petition was dismissed allegedly and only on account petitioners seeking partial eviction. This aspect of alleged partial eviction which the eviction petition was dismissed, has however now achieved finality in terms of the judgment dated 25.10.2012 passed by Ms. Snigdha Sarvaria, Civil Judge, Central V, Tis Hazari Courts, Delhi whereby the suit for possession filed by the respondent/tenant with respect to one allegedly forcibly taken by the petitioners has been dismissed. Therefore, once the suit is dismissed, and the judgment dated 25.10.2012 admittedly achieved finality, there does not remain any issue with respect the partial eviction.
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Really therefore what has to be decided is the cross objections which have been filed by the respondent/tenant and an application Order XLI Rule 27 read with Order VII Rule 7 & Order VI Rule 17 with Section 151 of the Code of Civil Procedure 1908 (CPC) which
allegedly filed by the respondent/tenant for additional evidence with respect to the subsequent events being CM No. 4097/98.
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Let me first turn to the ingredients of Section 14(1)(e) of Act and then examine them as to whether any case is made out as per cross objections or that the judgment of the Additional Rent Controller these aspects should be sustained. In a petition for bonafide necessity Section 14(1)(e) of the Act, the following ingredients are required to established by the landlords:-
(i) Petitioners are the owners/landlords of the tenanted premises.
(ii) Premises are let out for residential purposes.
(iii) Petitioners/landlords require the premises bonafidely for use themselves and their family members, and
(iv)...
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