SURINDER SINGH Vs. JASBIR SINGH

JUDGEMENT

(1.) Present petition under Section 25 B (8) of Delhi Rent Control Act, 1958 (for short as "Act") has been filed by petitioner challenging order dated 11th February, 2010, passed by Additional Rent Controller, Delhi, vide which petitioner's application for leave to defend was dismissed and eviction order was passed.

(2.) Brief facts as emerges from eviction petition filed under Section 14 (1) (e) read with section 25 B of Act are that, respondent is owner/landlord of property no. 228, Main Road, Gandhi Nagar, Delhi. The shop under the tenancy of petitioner was let out for commercial purposes. Respondent has no other commercial accommodation, except the shop adjoining the shop of petitioner. Respondent requires the shop in dispute bonafidely for himself and his family members dependent upon him for the purpose of businesses premises. Respondent requires the shop in dispute to enhance the business, as his family has grown up and require more accommodation to run the business. Son of respondent is working with the respondent and is participating in the business activities of the respondent and is dependent upon respondent for the purpose of business.

(3.) In affidavit filed along with application for leave to defend, it is stated by petitioner that respondent has filed two suits on the same cause of action, one under Section 14 (1) (j) of the Act, while another case was filed before the Court of Senior Civil Judge, Delhi, which was dismissed. Present petition is counter blast of that suit.