Search Results Page
Search Results
1 - 4 of 4 (0.17 seconds)Section 25B in The Delhi Rent Control Act, 1958 [Entire Act]
Man Mohan Mehra vs J.S. Butalia on 4 July, 1983
12. It has further been argued by the counsel for the respondent
that the daughter of the petitioner Anjali is earning separately and is
having a separate business and cannot be counted as a family member
13
of the petitioner. However, I do not find myself in agreement with the
arguments of the counsel for the respondent. For the purposes of
determining whether a person is dependent upon landlord while
considering petition u/s 14 (1) (e) DRC Act, it has to be seen whether the
said person is dependent upon the landlord for the purposes of
residence or not. Even if a person is financially independent and is
having separate income, he still may be considered as dependent upon
the landlord for the purposes of residence, if he is residing as a family
member of the landlord. I am supported in my views by the judgement
of our own High Court in Manmohan Mehra, Vs. J.S. Butalia, 1983(2)
RLR, 625 wherein it was held that even if the children of the landlord are
earning independently but for residence they are dependent upon the
parents and the parents need the help of such children in old age and
ailment and the need of such children would fall within the terms of need
of family. Hence, the requirements of the daughter of the petitioner or
her family members who are residing with the petitioner have to be taken
into consideration as they are residing along with the petitioner as his
family members. Even otherwise, the respondent in his counter-affidavit
has made contradictory statements with regard to Anjali. In para 8, it
has been stated that Anjali and her son are living on the second floor of
14
the suit property but in para 9 it has been stated that Anjali has been
remarried and is now with her husband at Uttam Nagar. The second
floor of the house is thus available to the landlord. This shows that
respondent himself is not sure as to what defence he has to adopt and
he is taking self-contradictory defences.
Section 14 in The Delhi Rent Control Act, 1958 [Entire Act]
1