V K ARORA Vs. K B MADAN

JUDGEMENT

(1.) The respondent/landlord filed an eviction petition seeking the eviction of the petitioner/tenant on the ground that the respondent bona fide required the suit premises for occupation for himself and for members of his family dependent on him.

(2.) Eviction was sought under Clause (e) of the proviso to Section 14(1) of the Delhi Rent Control Act, 1958 (for short the Act). This clause reads as follows:

(3.) As postulated by Section 25-B(4) read with Section 25-B(5) of the Act, the petitioner filed an affidavit and sought leave to contest the eviction petition. The learned Additional Rent Controller heard both the parties and by his order dated 7th September, 1999 declined to grant leave to the petitioner to contest the eviction petition. The learned Additional Rent Controller came to the conclusion that the affidavit filed by the petitioner did not disclose "such facts as would disentitle the landlord from obtaining an order for the recoery of possession of the premises on the ground specified in Clause (e) of the proviso to Sub-section (1) of Section 14".