Delhi High Court
Des Raj Bhasin (Dr.) (Deceased) vs Mr. M.G. Khanna on 24 September, 1999
Equivalent citations: 1999 VIAD Delhi 232, 82 (1999) DLT 74, 1999 (51) DRJ 641
Author: V Jain
Bench: V Jain
ORDER
Vijender Jain, J.
1. Aggrieved by the order passed by the Addl. Rent Controller dismissing the petition of the petitioner which was a petition under Section 14(e)
of the Delhi Rent Control Act for eviction of the respondent in respect of the first floor servant quarter situated at Q-7, Hauz Khas Enclave, New Delhi, the petitioner had filed this petition under Article 227 of the Constitution. The original petitioner was a medical practitioner. The original landlord Dr. Des Raj Bhasin died during the pendency of this revision petition.
2. Mr. Lonial, learned counsel for the respondent has contended that deceased Dr. Des Raj Bhasin's widow and his son Dr. Vinay Bhasin have got sufficient accommodation and they do not require the servant quarter on the firs floor above the garage bona fidely. Mr. Lonial has contended that Dr. Vinay Bhasin has got two sons and one of them has gone to United States of America permanently, which statement is disputed by the counsel for the petitioner who says that he has gone for higher education after doing his DDS from Bombay Dental College. It is further contended by Mr. Lonial that the petitioner does not require the services of the Aaya.
3. I have given my careful consideration to the arguments advanced by learned counsel for the parties Addl. Rent Controller fell in an obvious error. In a property which is constructed in a manner where main house has additional block over garage, to hold that as the accommodation available in the main block is available in the hands of the landklord, therefore, the domestic servant, driver, cook, chowkidar and Aaya must stay in the main block is not based on cogent reasons. There is no dispute that the landlord was a doctor, his son is also a practicing surgeon. Separate rooms are required for the widow of the deceased landlord as well as Dr. Vinay Bhasin a room is also required for the son of Dr. Vinay Bhasin who is 14 years of age and another room is required for the elder son of Dr. Vinay Bhasin who has gone for higher studies to USA. In addition to a drawing-cum-dining room, a room for clinical consultation and a room for guests and relatives are also required. In the same house the tenant cannot compel that a driver, cook, aaya, chowkidar must stay. Addl. Rent Controller while taking ground realities into consideration ought not to have kept the accommodation available in the hands of the landlord sufficient particularly in view of the fact that it was a family of doctors and as professionals they have got a distinct and different life style. It is otherwise not possible to give one or two rooms adjacent to their own room to domestic servants, cook, Aaya or driver.
4. In view of above discussions, I set aside the order of the Addl. Rent Controller and pass a decree of eviction. However, six months' time is granted to the respondent to vacate the premises.
Petition is allowed.
