KRANTI KUMAR SHARMA Vs. RAKESH KUMAR GARG

JUDGEMENT

(1.) THIS revision petition under Section 25B(8) of Delhi Rent Control Act (for short 'the Act') seeks assailing order dated 17.10.2011 of Additional Rent Controller (ARC) whereby leave to defend application filed by the petitioner, was dismissed.

(2.) THE petitioner is a tenant in respect of the tenanted premises comprising of six rooms, one dallan, one varanhah, Courtyard and toilet on the ground floor of premises bearing No. 25, Bazar Lane, Bhogal, New Delhi since 1958. Petitioner's eviction is sought on the ground of bonafide requirement of the tenanted premises by the respondent for his business as well as residence. The respondent's case, as set up in the eviction petition is that he along with his family is residing at the first floor of the premises which is not sufficient and suitable for his living. It is his case that he is living with his son and his family with whom he does not have cordial relations and otherwise also, he having suffered a stroke in November, 2010, is unable to climb the stairs. His further case is that he has vacated his business premises at I -21, Ground Floor, Lajpat Nagar -II on 22.02.2010 and does not have any other suitable accommodation for running his business.

(3.) IT was alleged that one large shop on the ground floor was got vacated by the respondent from Mahender and is now in the possession of the respondent. It was averred that present accommodation with the respondent, comprising of three big rooms, one big covered drawing room on the first floor, is not only sufficient, but suitable for their requirement. It was denied that the respondent was not having cordial relations with his son, It was averred that the daughter of the respondent is not residing with him, but lives at Hyderabad and the granddaughter is only about 3 years old. It was also alleged that the respondent is quite healthy and is looking after the business of sale of hardware products with his son on the ground floor.