MANOJ KUMAR Vs. BIHARI LAL

JUDGEMENT

(1.) Leave granted.

(2.) The core question that arises for determination in this case is whether the Additional Rent Controller, Delhi, in the facts and circumstances of the case, was right in refusing leave to contest the prayer of eviction to the appellant. The parties are related to each other. The appellant is the nephew of the respondent. The dispute relates to the property No.5A/11004, Gali No. 7, WEA Sat Nagar, Karol Bagh, Delhi, which is a residential premises. The proceedings before the Rent Controller was initiated on the application filed by the respondent under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (for short 'the Act') seeking eviction of the appellant on the ground of bona fide requirement of the landlord for occupation by himself and his family members. In the said proceeding, the appellant filed an application under Section 25 (B) of the Act seeking leave to contest the prayer for eviction. The application filed by the appellant under Section 25 (B) was rejected and the petition filed by the respondent for eviction of the appellant was allowed vide the order dated 20th March, 1998 of the Additional Rent Controller, Delhi. The operative portion of the order reads thus :

(3.) The Revision Petition filed by the appellant against the said order was dismissed by the High Court by the order dated 1st September, 1998. The operative portion of the order is extracted hereinbelow :