VIJAY NAYYAR Vs. OM PRAKASH MALIK

JUDGEMENT

(1.) This is a petition under Section 25-B(8) of the Delhi Rent Control Act,1958 against impugned order dated 22.01.11 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 premises under his tenancy filed against him by his landlord (Respondent herein) has been dismissed and eviction order has been passed.

(2.) The Respondent-landlord had filed an eviction petition Under Section 14(1)(e) of the Delhi Rent Control Act, 1958 in July, 2010 in respect of one shop on the ground floor of property bearing No. B-202, Nehru Vihar, Timarpur, Delhi. It was claimed by the Respondent in the eviction that he had three shops in the said property and out of those three shops one had been given to the Petitioner and the other two shops he had sold sometime back in order to clear some financial liabilities as he was under heavy debts. Earlier the Respondent was employed with NDPL from where he had taken voluntary retirement in the year 2004 and he was now surviving on meager amount of pension. His family comprised of his wife and two sons and elder son's wife. He himself as well as his younger were sitting idle and so to earn money for their livelihood he along with his younger son, who had completed a course in laptop/mobile technology, wanted to start their own business of repair of laptops and mobile phones and sale of their accessories in the shop under the tenancy of the Petitioner for which purpose he had no other accommodation with him.

(3.) The Petitioner-tenant had sought leave to contest the eviction petition on the grounds that the Petitioner did not require the shop in question for staring business since he already had two other shops in his possession. It was also claimed by the Petitioner-tenant in his affidavit filed in support of his leave application that the Respondent was himself getting handsome pension from NDPL and there was no need to start the business in the tenanted shop.