RAVI DUTT SHARMA Vs. RATTAN LAL BHARGAVA

JUDGEMENT

(1.) This is a petition for revision against the order of the Rent Controller by which he refused to grant leave to the petitioner/tenant to contest. The eviction application filed by respondent under Sec. 14(1)(e) read with Sec. 25-B of the Delhi scent Control At (to be called the Act) and thereafter passed an order of eviction against him.

(2.) The premises in dispute are part of property No. 1654-58 in Katra Bhawani Shankar, Kucha Dakhhani Rao, Darya Ganj, Delhi. The Petitioner's family admittedly consists of himself, his wife, two grown up daughters and two sons. The respondent/landlord is living in tenanted premises and paying-rent @ Rs. 450.00 per month. The premises in dispute were let out to the present petitioner/tenant in 1945 at a rental of Rs. 45.00 per mensem The respondent/landlord claimed that accommodation with him was not reasonably suitable and hence the eviction application.

(3.) It is common case that the property 1654-58 originally belonged to one Bhawani Shankar. He died leaving behind four sons, one of whom was Dwarka Dhish. Dwarka Dhish died leaving behind his widow and his two sons (1) the present respondent, Rattan Lal and (2) his brother Babu Lal. In the leave application the ownership of the respondent, Rattan Lal was disputed and it was also pleaded that as the property had descended to various heirs after the death of Bhawani Shankar the application was not maintainable at the instance of Rattan Lal alone. In the alternative it was pleaded that even as a co-owner the petition cannot be maintained without impleading the other co-owners Various other pleas were taken. The Rent Controller found no substance in any of the pleas and refused to grant leave to contest the eviction application and passed the eviction order. The tenant has now come up in revision.