SUNIL KUMAR Vs. SAHI RAM

JUDGEMENT

(1.) THIS petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 (hereinafter called the Act) has been filed against the order 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) of the Act in respect of shop no. 378/5 on the ground floor of property no. 378, Hanuman Market, Munirka, New Delhi (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 let out the tenanted shop to the petitioners father and after his fathers death the petitioner became the tenant by operation of law. In June, 2008 the respondent filed an eviction petition against the petitioner, under Section 14(1) (e) of the Act 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 and so his two married sons who were unemployed wanted to start their business to earn livelihood for themselves and their family members including the respondent since theirs was a joint family but since the petitioner did not have any other suitable accommodation he required the tenanted shop in occupation of the petitioner.

(3.) THE learned trial Court rejected the plea raised by the petitioner by observing as under in the impugned order: