VINOD SHARMA Vs. KASTURI DEVI

JUDGEMENT

(1.) Present Revision Petition under Section 25-B (8) of Delhi Rent Control Act, 1958 (for short as 'Act') has been filed against order dated 14th January, 2010 passed by Additional Rent Controller, Delhi vide which leave to defend application filed by the petitioner was dismissed and eviction order has been passed in favour of respondent and against the petitioner.

(2.) Brief facts of this case are that respondent is owner of property No.IX/668, Subhash Road, Gandhi Nagar, Delhi. Petitioner is a tenant therein in respect of one shop at the ground floor at the rate of Rs.440 p.m. excluding other charges. The said shop is lying locked/unused as petitioner has joined business of his brother at another place.

(3.) It is further stated that the respondent is a widow having a meagre rental income and she has 3 major and married sons namely Pramod Kumar, Manoj Kumar and Ajay Kumar. Her two sons are living separate with their wives and children but youngest son Ajay Kumar is living with her, who is unemployed and has no independent source of income to maintain his wife Smt. Ram Lata and three minor children. Sh. Ajay Kr. is fully dependent on the respondent financially as well as for the purpose of the accommodation and respondent is not in a position to maintain him and her family members. So she wants to settle him and to get open a General Store for him in the shop under the tenancy of the petitioner.