PRAHLAD RAI MITTAL Vs. RITA DEVI

JUDGEMENT

(1.) The present revision petition is filed under Sec. 25B(8) of the Delhi Rent Control Act, against the Order passed by Ld. ARC, Central District, Delhi dated 05.09.2012 in Eviction Petition No. E-70/2010 dismissing the application for leave to defend. The brief facts giving rise to this petition are as follows.

(2.) The respondent herein filed an eviction petition on the ground of bona fide requirement, stating that she is the owner of the property bearing no. 3987/88, Kaseru Walan, Pahar Ganj, New Delhi, by virtue of the sale deed dated 01.04.1994 as she purchased the same from its pervious owner Smt. Maya Devi Jain. The suit shop is situated on the ground floor and forming part of the property bearing No. 2987/88, Kaseru Walan, Pahar Ganj, New Delhi is shown in red in the site plan placed on record before the Ld. ARC.

(3.) In the eviction petition, the respondent submitted that she bona fide requires the shop to settle her son Vipul Gupta and that she has no other reasonably suitable accommodation available to her. She also submitted that the shop in question was lying locked since the beginning and that the electricity connection also stands disconnected on account of closure of premises. The rent of the shop was Rs. 33/- per month excluding other charges, which was paid by the petitioner to the respondent upto 31.03.2004, after which it was alleged that no rent was paid.