CHATAR SAIN GOEL Vs. PURAN SINGH

JUDGEMENT

(1.) This revision petition under proviso to sub-section (8) of Section 25-B of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is directed against the order, dated February 23, 1980, passed by Shri J.D. Kapoor, Rent Controller, Delhi, granting leave to the applicant to defend the eviction petition filed against him but restricting the defence only to the point of extent of accommodation available with the landlord.

(2.) The petitioner, Chatar Sain Goel, is in occupation of the premises; bearing Municipal number C-87, Fateh Nagar, New Delhi, consisting of two rooms, kitchen, bath, latrine, store and an open space as a tenant under Puran Singh on a monthly rent ot Rs. 80.00 . On Jan. 16, 1980 the landlord filed an application for eviction under Section 14(1),(e) of the Act, popularly known as the ground of personal bona fide requirement. The tenant filed an application en February 2, 1980 urder Section 25 B for permission to defend the eviction petition on four grounds. There were-(i) the premises were situated in the slum areas and the application was not competent without the necessary permission of the competent authority under what is knows as the Slum Act ; (ii) the landlord was not the owner of the premises ; (in) the premises were let out for residential-cum-commercial purposes and (iv ) the landlord was already in occupation of a spacious building consisting of sufficient accommodation for him and members of his family.

(3.) As observed above, the learned Rent Controller granted permission to defend only on the plea that the landlord was not in occupation of reasonably suitable accommodation.