BASHIRUDDIN Vs. SHRI MOHD. SHAFIQ

JUDGEMENT

(1.) This is an application under Section 25-B (8) of the Delhi Rent Control Act, seeking to revise the order dated 4th September, 1980 whereby on a petition for eviction having been filed by the respondent- landlord the Additional Rent Controller, Delhi did not grant leave to petitioner under sub-section (4) of Section 25-B and there upon passed an order of eviction.

(2.) The respondent filed an application for eviction of the petitioner herein from the portion of the premises N-2130 Ahata Kale Sahib. Delhi. According to the applicant the respondent stated that he was the owner after the death of his father. It was further mentioned that he had a large family and the accommodation available with him was insufficient. The particulars about the accommodation were not stated in the application itself but the site plan was attached along with the application.

(3.) No formal application as contemplated by section 25-B (4) was filed by the petitioner herein. He, however, filed a reply to the application for eviction and that reply as supported by a short affidavit of the petitioner herein. The reply of the petitioner-tenant was short and cirptic. With regard to ownership all that was stated in the reply was that the landlord should produce a succession certificate or any other document to show that he has received the building from his late father. It is also averred that the landlord had got sufficient space for himself and his family. Another contention which was raised was that a case of similar nature being case No. 372/71 had been taken up in the court of Sh. Jaspal Singh, Additional Rent Controller, Delhi, but the same had dismissed.