ANAND KUMAR JAIN Vs. SUBHASH CHAND AGGARWAL

JUDGEMENT

(1.) THIS is a petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 against the order dated 25.01.10 passed by the learned Additional Rent Controller whereby the petitioner-tenant's application for grant of leave to defend the eviction petition in respect of the shop no. 1569-A Chandrawal Road, Subzi Mandi, Delhi, filed against him by his landlord (respondent herein) has been dismissed and eviction order has been passed.

(2.) THE respondent instituted the eviction petition, wherein it was contended that the owner of the shop in dispute was the tenancy of the petitioner. THE respondent further contended that he required the shop for his son sh. Nikhil Aggarwal who had attained the age 24 years, and was unemployed and completely dependent on him and he wanted to open a shop for his son so that he could earn his livelihood and since he had no other reasonable and suitable commercial accommodation in Delhi. THE shop occupied by the petitioner was required bonafide.

(3.) CHALLENGING the afore-said findings of the learned Additional Rent Controller learned counsel for the petitioner ? tenant had contended that the plea raised by him was to the effect that the respondent ? landlord had two rooms on the ground floor, entire first floor and one room on the second floor and that he himself was living in Rohini and so that much accommodation was more than sufficient for himself as well as for the alleged need of his son and these pleas which were not categorically refuted were sufficient to grant him leave to contest the eviction petition.