MOHD. HANIF Vs. SHAMSUN NISA (DECD.) THR LRS

JUDGEMENT

(1.) THIS revision petition is under Section 25 -B(8) of the Delhi Rent Control Act, 1958(in short' the Act') and has been filed by the th petitioner -tenant against the order dated 7 August, 2010 passed by the Additional Rent Controller whereby his application for leave to contest the eviction petition filed by his landlady, late Shamsun Nisa, under Section 14(1)(e) of the Act to have the possession from him of the premises bearing No. 2466 -68, Second Floor, Gali Kuenwali, Haveli Mahawat Khan, Bazar Chitie Qabar, Jama Masjid, Delhi -110006(hereinafter to be referred as 'the tenanted premises') has been dismissed and an eviction order has been passed.

(2.) The facts entitling the deceased landlady, who died during the pendency of the eviction petition and thereafter was being represented by her legal representatives, to secure the eviction order against the petitioner were pleaded in detail in para No. 18 of the eviction petition and the averments which alone are relevant for the disposal of the revision petition are re -produced below: (i) ...The tenanted portion comprising of one room, kitchen, attached latrine and bathroom alongwith open space situated on the second floor, was let out to the respondent....

(3.) THE Petitioner -tenant had sought leave to contest the eviction petition on various pleas which have been noticed, dealt with and rejected by the learned Additional Rent Controller in the impugned order. The relevant parts from that impugned order where the pleas, which only were urged before this Court, have been dealt with also re produced below: