JISHAN ALI Vs. SAVITA DEVI

JUDGEMENT

(1.) The petitioner/tenant has filed this petition under Section 25-B(8) of Delhi Rent Control Act, 1958 (hereinafter referred to as the "Act" only) against an order dated 24.9.2001 passed by learned Additional Rent Controller, Delhi by which his application for leave to defend was dismissed and the eviction petition filed by the respondent landlady under Section 14(1)(e) read with Section 25-B of the Act way allowed.

(2.) The facts relevant for disposal of this petition, briefly stated, are that the respondent landlady had riled an eviction petition against the petitioner alleging that the petitioner was her tenant in respect of one room and open space in front thereof in property No.WZ-259/2, First Floor, Pradhan Wali Gali, Village Madipur, Delhi. The respondent along with her husband and three married sons was living in a tenanted house at Janak Puri, New Delhi and ay such, she bonafide required the suit premises for residential use. The petitioner tenant filed an application lor leave to defend the eviction petition contending that the respondent was not the owner of the premises in question and had no bonafide need. He also pleaded that the premises were let out for residential-cum-commercial purposes and the respondent had alternative accommodation available to her at Janak Puri as well as Madipur, New Delhi. He also raised a plea that the eviction petition filed by the respondent was not maintainable as the tenanted premises consisted of two rooms whereas eviction petition had been filed in respect of one room only. It was contended that partial eviction was not permissible.

(3.) Learned Additional Rent Controller after considering the pleas raised by the petitioner and examining the material on record, came to the conclusion that the petitioner had failed to raise any triable issue entitling him to leave to defend. His application was, therefore, dismissed and an order of eviction was passed against him.