DAULAT RAM, DECEASED Vs. DHANPAT RAI & ORS

JUDGEMENT

(1.) The present petition is directed against the order dated 18.07.2009 passed by the learned Additional Rent Controller on a petition preferred by the petitioners/tenants under Section 14 (1)(e) read with Section 25-B of the Delhi Rent Control Act, whereunder an eviction order was passed against him and in favour of the respondents/landlords in respect of the tenanted premises, i.e., one hall on the first floor of premises bearing No.2915/13, Bahadurgarh Road, Teliwara, Delhi-110 006 along with roof thereof and staircase as shown in the site plan(Ex.PW-1/1).

(2.) The petitioners/tenants have assailed the impugned order on two counts. It is firstly stated by the counsel for the petitioners/tenants that respondents/landlords deliberately failed to place on record the site plan of property bearing No.4013, Gali Barna, Basti Mansa Ram, Sadar Bazar, Delhi- 110006 presently under their occupation to show the extent of accommodation available with them. Counsel for the petitioners/tenants states that the aforesaid argument was taken by him before the learned Additional Rent Controller as recorded in para 6 of the impugned order.

(3.) A perusal of the impugned judgment shows that in the opening paragraph, the learned Additional Rent Controller took notice of the averment of the petitioners (respondents herein) that they were residing in the aforesaid premises at Sadar Bazar, which comprises of one room and kitchen on the ground floor, two rooms on the first floor and two rooms on the second floor with facility of toilet and bathroom. Thereafter, the number of the petitioners (respondents/landlords), their family members and their marital status was taken into consideration, on the basis of the averments made in the eviction petition.