LAXMI NARAIN Vs. SHYAM MOHAN SHARMA

JUDGEMENT

(1.) THIS revision petition under Section 25 B (8) of the Delhi Rent Control Act, 1958 (hereinafter ,,the Act) has been filed by the petitioner- tenant against the order dated 27-07-2010 passed by the Additional Rent Controller whereby his application of leave to defend the eviction petition filed against him by the respondent-landlord under Section 14(1)(e) of the Delhi Rent Control Act, 1958(,,the Act in short) in respect of one shop on the ground floor of property bearing no. 970, Bhojpura, Maliwara, Delhi(hereinafter ,,tenanted shop) has been dismissed and he has been ordered to vacate.

(2.) THE brief facts leading the filing of this revision petition are that the respondent filed the eviction petition against the petitioner in respect of the tenanted shop on the ground of bonafide requirement. THE respondent- landlord claimed in the eviction petition in para no. 18(a) as under:

(3.) THE petitioner-tenant then appears to have been permitted by the trial Court to file a rejoinder. That power the Rent Controller had as per the Full Bench decision of this Court in the case of "Mohan Lal vs Tirath Ram Chopra & anr.", AIR 1982 Delhi 405. In that rejoinder the petitioner- tenant further clarified his stand in view of the aforesaid plea taken by his landlord in respect of the ownership and availability of the alternative accommodation with him at Hudson Lines in para no. 4 as under:-