"I am of the considered opinion that appellant (landlord) has failed to make out any ground in support of his appeal. No ground for eviction of the tenant has been made out. The appeal is hereby dismissed," District Judge P S Teji said.
"The appellant has failed to establish his case that the premises in question was let out for residential purposes or that the tenant acquired alternate vacant physical possession of another premises," the judge further said.
M L Hans, a resident of Dayanand Vihar here, had moved the sessions court against the trial court's order, which had dismissed his eviction petition under the Delhi Rent Control Act.
In his appeal, the landlord had contended that he had let out a room on the ground floor of his Krishna Nagar house in East Delhi to Kiran Devi for residential purpose at a monthly rent of Rs 250 per month, excluding the electricity and water charges.
He alleged Devi was a habitual defaulter in payment of rent and she had not paid rent arrears since September 1991. The landlord also alleged that the tenant was also residing in another premises in the same Krishna Nagar area, which was acquired by her in 2004.
The woman, working as an ironer, said the premises was never let out for residential purposes, rather it was given to her for commercial purpose and since the beginning, she was using the room for ironing clothes.
She also said the rent was only Rs 200 per month and not Rs 250 and only two months' rent was due on her.
