(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 06.01.2011 passed by the Rent Controller whereby his application for leave to contest the eviction petition filed by his landlord against him under Section 14(1)(e) of the Act to have the possession of shop no.8 in house no. A-2/1, Ground Floor, Hastal Road, Uttam Nagar, New Delhi-110059(hereinafter to be referred as the `tenanted shop') has been dismissed and he has been ordered to vacate the tenanted shop.
(2.) THE respondent-landlord had filed the eviction petition on the ground that he and his son were doing no work and so he, his son and his married daughter, who was having litigation with her husband and who was also living with him, had planned to start a joint business and to open a sweets shop in the tenanted shop. He was having no other space except the tenanted shop in occupation of the petitioner-tenant for starting the business.
(3.) THE respondent-landlord in his counter affidavit gave the following reply in respect of the aforesaid properties claimed by the petitioner to be available with him:-