SATPAL Vs. SAHI RAM

JUDGEMENT

(1.) THIS revision petition under Section 25 B(8) of the Delhi Rent Control Act has been filed by the petitioner-tenant against the order dated 20th October, 2009 passed by the Rent Controller (South)whereby the application filed by the petitioner-tenant seeking leave to defend the eviction petition filed against him by his landlord, the respondent herein, under Section 14(1)(e) has been dismissed.

(2.) THE respondent had let out one shop in his property no. 378, Hanuman Market, Munirka, New Delhi to the petitioner's deceased father Shri Hari Chand about thirty years back. In June, 2008 the respondent filed an eviction petition against the petitioner, being the legal heir of his deceased father, under Section 14(1)(e) of the Delhi Rent Control Act,1958 alleging that he was 80 years old and was unable to undertake any work to earn livelihood for himself and his family comprising of twelve persons who were dependent upon him. His two married sons were unemployed and so they wanted to start their business to earn livelihood for themselves and their family members including the respondent since theirs was a joint family. His elder son wanted to start business of motor parts but since the petitioner did not have any other suitable business premises he bonafide required the shop in occupation of the petitioner.

(3.) THE learned Rent Controller has rejected the petitioner's application for leave to contest the eviction petition filed by his landlord. Since no appeal lies against an order of rejection of leave application the petitioner has invoked the revisional jurisdiction of this Court under Section 25B (8) of the Delhi Rent Controller Act, 1958.