Dismissal of eviction case under 14(1)(e)
I am Land Lord of Property for which I Filed a suit for Eviction for bonafide requirement in Senior Civil Judge cum Rent Controller of a shop for residential purposes as my residence and shops are in same property.
That the property is single story built up building . The ground floor of the property consists of seven rooms out of which four rooms are occupied by the petitioner and his family and are being used for residential purpose . Rest three rooms are used as shop one by Petitioner / Landlord and other two shops by two tenants
That family of petitioner consist of Six persons namely himself, his wife , his unmarried daughter , his son , his daughter in law , two year old granddaughter who are continuously residing with petitioner .and dependent on petitioner for their residential needs. Petitioner Unmarried Daughter is working in Delhi University on Adhoc basis. Petitioner Son Working In a PSU in haryana but doing up and down on daily basis to Delhi.Various Payslips of His son is also file at argument stage showing that there are no house perquisites and house rent recovery by his employer PSU
That there are only four rooms, one store, one kitchen and toilet /bathroom available with petitioner for his residence . That another room is used by petitioner and his wife .Another room being used by his son , his spouse & child. One room being occupied by his daughter and one room is used as class room for the tuitions. Hence there is paucity of accommodation for having a guest room, a room for his married daughter, a room for granddaughter, drawing cum dining room.
Now Petition got dismissed on ground that during cross examination petitioner admitted that his son is doing job in haryana and settled there.whereby the fact is He admitted that His son is doing job in Haryana but did not admit that he is settled there.so there are only three members in family now.
Secondly Landlord has not mentioned in petition that he is suffering from Financial crisis hence he can built up rooms on roof.
Lastly the shop asked for residential portion is very small area 8*12 feet. Hence no ground for Paucity of space is there hence need is not bonafide.
Questions :
Whether we should File the appeal?
Appeal of 14(1) (e) where it will be Filed Sessions Judge or Delhi High Court and Time Frame for filing such appeal
Grounds of Filing appeal as court mis interperates fact that son of Petitioner is residing with him only.
Asked 7 years ago in Property Law
Religion: Hindu
