NARINDER KUMAR ANAND Vs. ASHOK

JUDGEMENT

(1.) THIS petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 has been filed against the order dated 12.03.10 passed by the learned Additional Rent Controller whereby the petitioners' application for grant of leave to defend the eviction petition filed against them by their landlord, respondent herein, in respect of the shop under their tenancy has been dismissed and eviction order has been passed.

(2.) THE respondent- landlord in his eviction petition had pleaded that he and his family comprising of his wife and five children were living in a temporary shed and that too without any kitchen, bath etc. on the second floor of property no. 10307, Tokri Walan, Azad Market, Delhi-110007 and one room on the first floor was occupied by his brother and so he required the shop of the size of 12'x17' in occupation of the petitioners on the ground floor, so that it could also be utilised by him and and his family members, all of whom were dependent upon him, for living there .it was also pleaded that the petitioner and his family members were using common public lavatory on the ground floor while cooking was being done in the shed itself. THE requirement of the shop in question was thus claimed to be bona fide.

(3.) THE said pleas only were urged before this Court with seriousness and it was submitted by the learned counsel for the petitioners these pleas were sufficient to entitle them to the leave sought for as it was a matter of trial whether or not the respondent-landlord had let out one shop on the ground floor to another tenant six months before the filing of the eviction case against the petitioners. This plea as also the respondent's case of bona fide requirement were dealt with and rejected by the learned trial Court in para no.5 of the impugned order which is being re-produced below:-