New Delhi:
A Delhi court has ordered a man to vacate his residence, treating him as a tenant in the house belonging to his father.
Additional Rent Controller Rakesh Kumar ordered West Delhi resident Rajender Singh to move out of his two-room set residential premises on a plea by his father Jaswant Singh that he had rented it out to his son, who had been defaulting in paying the due rent for over a decade.
The court's order came on Jaswant Singh's petition filed under the Delhi Rent Control Act, 1958.
"The petition is allowed and the eviction order is passed against Rajender with respect to the demise premises," the judge said.
Jaswant had filed the petition seeking to evict his son from the top-floor flat of his house saying the latter had not paid the rent since July 2000 for the rented accommodation at Tilak Nagar in west Delhi.
He had said that he is the owner of the building and had let out the two-room set to his son Rajender for residential use only on a monthly rent of Rs 3,000.
He further said after Rajender stopped paying him the rent, he served him a notice on August 14, 2000 demanding the rent and eventually terminated his tenancy agreement for his failure to pay him the rental dues, including the electricity and water usage charges.
Rajender, however, opposed his father's claims saying that the property in dispute was acquired by his grandmother and his father was not the absolute owner of the property.
He added that he had invested a huge amount of money in the construction of the building and its top floor, and he, along with his younger brother, used to pay a sum of Rs 1,000 per month to Jaswant towards his maintenance which the latter used to treat as rent for the accommodation.
Rajender alleged his father had been harassing him on false pretexts and had also lodged a complaint against him at Tilak Nagar police station in 1998 and 2000.
The court, however, did not heed to Rajender's contentions and said, "Considering the facts and circumstances of the case, I am of the considered opinion that respondent Rajender did not follow the procedure prescribed under law."