BHUSHAN KUMAR JHANB Vs. JWAHAR LAL TALWAR

JUDGEMENT

(1.) THIS petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 is by a tenant whose application for leave to contest the eviction petition filed against him by his landlord on the ground of his bona fide requirement of the premises under his tenancy has been rejected by the learned Additional Rent Controller vide order dated 18-3-2010 and an 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 with the averments that he is the owner of property no. 5319, Hardhiyan Singh Road, Karol Bagh, New Delhi and one shop on the ground floor in this property was let out to the petitioner herein. It was an old tenancy and at the time of letting out the shop the petitioner was a minor and his father did not require the same and was lying vacant. After completing his education the petitioner had joined some service and subsequently he had taken voluntary retirement on account of his ill health and was getting a meager pension of Rs. 3833/- per month which was not sufficient to support his family consisting of four members including himself. THE petitioners one daughter, who had attained majority, was doing the course of interior decoration which was likely to be completed in a years time and so he bona fide required the shop in possession of the petitioner-tenant for his daughter to start her own business from there since he had no other source of income and funds to hire another accommodation for his major daughter.

(3.) THE learned Additional Rent Controller, as noticed already, dismissed the petitioners application for leave to contest the eviction petition. While rejecting the petitioners claim that his landlord was not entitled to an order of eviction on the ground of bona fide requirement because he was not the owner of the premises in question the learned Additional Rent Controller gave his findings in para nos. 8 to 11 of the impugned order and those paragraphs are re-produced below:-