KAPOOR CHAND GUPTA Vs. BP SINGH

JUDGEMENT

(1.) THIS is a petition under Section 25-B( 8) of the Delhi Rent Control Act, 1958 filed by the petitioner-tenant against the order dated 01.09.2010 passed by the learned Additional Rent Controller whereby the application filed by him under Section 25(5) seeking leave to contest the eviction petition under Section 14(1)(e) filed against him and respondents 2-7 herein, who all are the legal heirs of the original tenant, late Shri Rati Ram, in respect of one garage of property bearing no. 59 Sunder Nagar, New Delhi, had been dismissed and consequently an eviction order stood passed.

(2.) LATE Sh. B.J Singh, father of respondent no. 1 herein, had let out one garage in property bearing no. 59 Sunder Nagar, New Delhi to late Sh. Rati Ram, the father of the petitioner and respondents 2-7 herein, in the year 1964. The respondent no.1 claims to have become the owner- landlord of the garage in dispute after the death of his father as per the partition which took place amongst the legal heirs of late Shri B.J.Singh. The legal heirs of the original tenant inherited the tenancy rights but only one of them, namely, the petitioner herein had sought to oppose the eviction petition by filing his affidavit alongwith the application for leave to contest as required under Section 25-B(5) of the Delhi Rent Control Act,1958.

(3.) THE respondent-landlord filed a reply to the leave to contest application of the petitioner-tenant and reiterated his claim that he required the garage bona fide for parking his cars.