(1.) Present revision petition under Section 25B of Delhi Rent Control Act, 1958 (for short as 'Act') has been filed by the petitioners challenging order dated 18th April, 2009, passed by Additional Rent Controller (for short as 'Controller') Delhi, vide which application for leave to defend filed by the petitioners was dismissed and eviction order was passed.
(2.) Brief facts of this case are that respondent is the owner/landlord of premises no. 1521, Bazar Chitli Qabar, Jama Masjid, Delhi. This property was purchased by respondent's father Sh. Aziz Uddin vide sale deed dated 17th April, 1995. Sh. Aziz Uddin expired on 19th October, 1999, leaving behind nine legal heirs. All the remaining eight legal heirs of Sh. Aziz Uddin, relinquished their rights and interest of the property in question in favour of the respondent, vide relinquishment deed dated 1st February, 2008. Thus, respondent has become the absolute owner of the property. Petitioners are tenant in respect of three rooms situated on the first floor with open space on first floor and a tin-shed on barsati that is, on the second floor.
(3.) Property in question was let out to the petitioners for residential purposes and now the tenanted premises are required bonafidely by the respondent for his residence and for the residence of his dependent family members consisting of himself, his wife Mst. Nargis, his son Mohd. Talish and two unmarried sisters who are also dependent upon the respondent for their residence. Respondent at present is residing in property no. 2466, Second Floor, Gali Kuenwali, Haveil Mahawat Khan, Bazan Chitli Qabar, Jama Masjid, Delhi which belongs to his grandmother Mst. Shmasun Nisha and the said property is not owned by the respondent. Respondent is living in the same as licensee of his grandmother and now he wants to shift to his own premises and the tenanted property is only property which belongs to him.
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