KUSUM LATA Vs. SHYAM MOHAN SHARMA

JUDGEMENT

(1.) THIS petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 (hereinafter called ,,the Act) has been filed by the petitioner-tenant against the order dated 27-07-2010 passed by the Additional Rent Controller whereby her application for leave to contest the eviction petition filed by her landlord against her under Section 14(1)(e) of the Act to have the possession of the first floor of property bearing no. 970, Bhojpura, Maliwara, Delhi(hereinafter to be referred as the ,,tenanted premises) has been dismissed and she been ordered to vacate the tenanted premises.

(2.) THE brief facts leading the filing of this revision petition are that the respondent-landlord filed the eviction petition against the petitioner for recovery of the tenanted premises on the ground of his bona fide requirement of the same. 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 her landlord in respect of the ownership and availability of the alternative accommodation with him at Hudson Lines in para no. 4 as under:-