TARSEM SINGH Vs. GURVINDER SINGH

JUDGEMENT

(1.) Present revision petition under Section 25B (8) of the Delhi Rent Control Act, 1958 (for short as "Act") has been filed against order dated 8th February, 2010, passed by Additional Rent Controller (for short as "Controller") Delhi. Vide impugned order, application of petitioner/tenant for leave to defend was dismissed and eviction order was passed in favour of respondent/landlord and against petitioner.

(2.) Respondent filed eviction petition under Section 14 (1) (e) read with Section 25-B of Act on the ground that he is the owner and landlord of premises bearing no. WZ-152, Mukherjeet Park, Tilak Nagar, New Delhi. Petitioner is his tenant in respect of shop in above said property as shown in red colour in the site plan, at monthly rent of Rs.715/- exclusive of other charges. Respondent is a trained and qualified technician who has obtained three years T.V., V.C.R. servicing course certificate and is capable of repairing and servicing of mobile phones by virtue of his twenty years experience in this filed. He and his family is facing financial hardship due to his low income whereas, persons who are less qualified and competent than him are generating very good income because they are running their own workshops. Respondent is unable to open his own workshop due to non availability of space. He does not have any other space, except the shop in question to start his own business. Since, respondent is desirous of starting workshop for repair of TV, music systems, remote control and mobile phones etc., thus, the shop in question is required for his bonafide need so that he can earn good income in order to meet out the requirement of his family.

(3.) In affidavit filed along with leave to contest by the petitioner, it is stated that respondent has not come with clean hands and is seeking relief for bonafide requirement on false ground.