DOLLY CHANDRA Vs. RAMESHWAR PRASAD

JUDGEMENT

(1.) THIS is a revision petition filed under Section 25-B (8) read with Section 115 of CPC by the petitioners-tenants for setting aside the order dated 19.04.2010 of the Additional Rent Controller whereby their application for grant of leave to defend the eviction petition in respect of the first floor portion of premises 7/841-A, Govindpuri, Kalkaji, New Delhi under their tenancy filed against them by their landlord (respondent herein) has been dismissed and eviction order has been passed.

(2.) THE facts that have led to the filing of the present petition are that eviction petition was filed by the respondent seeking eviction of the petitioner no. 2, a proprietorship concern of petitioner no. 1, from the premises under their tenancy comprising of one hall of the size of 40'x16?", and one room of the size of 10'x9', lobby, veranadah, bathroom and latrine on the ground that he required the same bona fide for his two sons, who were dependent upon him, and wanted to start their business. THE respondent-landlord had claimed in the eviction petition that his elder son was earlier carrying on the business of export of garments in the name and style of M/s Rama Krishna Exports but that business was closed due to some disputes between the partners and so he wanted to start his own business. THE respondent had further pleaded that his second son had a Degree in Fashion Technology from International Institute of Fashion Technology (IIFT), New Delhi and though he was working as a Quality Inspector in a Government recognized Export House in Okhla but he also intended to start his own business (after leaving the job) and since both his sons had no other place to start their business the premises with the petitioners were required by him.

(3.) REJECTING the aforesaid plea of the petitioners that the respondent had recently let out the ground floor to another tenant and that showed that his requirement of the premises in question was not bona fide the trial Court observed in the impugned as under:-