MADHU BALA Vs. PREM BAHADUR SAXENA

JUDGEMENT

(1.) Present petition under Section 25 B (8) of the Delhi Control Act, 1958 (for short as `Act') has been filed on behalf of petitioner/tenant against order dated 13.5.2010 passed by Addl. Rent Controller, Delhi, vide which application of petitioner /tenant seeking leave to contest was dismissed and eviction order was passed in favour of respondent/landlord.

(2.) The brief facts are that respondent is landlord/sole owner of the property bearing No. A-5A/219, Janakpuri, Delhi, which is a double storeyed house. Ground floor is having one room, kitchen, toilet and bathroom. Similar accommodation is available on the first floor. The entire ground floor has been let out to the petitioner. Respondent is living in rented accommodation at F-48, Karampura, Delhi, which is owned by Sh. Girija Singh. Petitioner got retirement from the service in the year 2006 and wants to live in the premises in question. Despite several requests, petitioner has failed to vacate the premises.

(3.) In application for leave to contest filed by the petitioner, it is stated that respondent is already in possession of property bearing No. F-102, Karampura, Delhi as owner by way of adverse possession and has falsely asserted that he is a tenant in respect of this premises. Only intention of respondent is to increase the rent. He does not require the premises for his bonafide use, since he is having alternative accommodation in Karampura.