JATINDER SINGH NANRA Vs. SARITA RANI

JUDGEMENT

(1.) This is a petition under Section 25B(8) of the Delhi Rent Control, 1958 against the order dated 4.12.2009 passed by learned Additional Rent Controller dismissing the application filed by the Petitioner-tenant seeking leave to defend the eviction petition filed by his landlord, Respondent herein, in respect of the ground floor of premises bearing No. K-106 Kirti Nagar, New Delhi-15 under Section 14(1)(e). As a result of dismissal of the leave application eviction order has been passed against the Petitioner-tenant and since no appeal lies against an order of eviction passed after dismissal of leave to contest application, this revision petition has been filed.

(2.) The tenanted portion comprising of four rooms, one store, kitchen, toilet and some open space was let out to Petitioner by its previous owner. The Respondent purchased the aforesaid house in 1985 and so he became the landlord of the Petitioner.

(3.) The Respondent in her eviction petition pleaded that her family comprised of herself, her husband, two married sons, two daughters-in-law, two granddaughters and a married daughter. She further pleaded that she required the premises under the tenancy of the Petitioner for her residence and her family members since she was not having sufficient accommodation. She was in possession of entire first floor and second floor of the property. It was further pleaded that the Petitioner's husband had suffered paralytic attack and so he was not in a condition to climb stairs and for that reason also she required the premises on the ground floor.