GANGA DASS Vs. D N SINGHAL

JUDGEMENT

(1.) The present petition has been preferred under section 25B of Delhi Rent Control Act (hereinafter referred as "ACT?) for setting aside the order dated 02.03.2012 passed by Ld A. R. C. whereby application for leave to defend filed by the respondent no. 2 to contest the eviction petition filed by the petitioner was allowed.

(2.) The petitioner has filed the eviction petition in respect of shop in property bearing no. G-87, Vijay Chowk, Laxmi Nagar, Delhi-110092 against the respondent on the ground of bonafide requirement of setting up the business for his son in the suit premises. It was submitted by the petitioner that the suit property was let out to the respondent for commercial purposes which is now required by him for his son namely Jai Deep Raj.

(3.) Upon receiving the summons, the respondent no. 2 filed an application for leave to defend stating that the requirement of the petitioner is not bonafide as various litigation are pending between the petitioner and his elder son Jai Deep Raj and the petitioner publicly disowned him and that the younger son of petitioner is working as chef in a five star hotel situated at Bengluru and it is highly improbable that he would leave his lucrative job and return to run a small "Dhaba?. It was also submitted that the petitioner has also severed ties with younger son as he married against the will of the petitioner. The respondent no. 2 further contended in the application that the eviction petition filed by the petitioner is absolutely false and not maintainable. It was averred that the petitioner has earlier filed three eviction petitions against the respondents on different grounds which were dismissed. The present eviction petition is the fourth one which the petitioner has filed against the respondents. Therefore, eviction petition has been filed on false and frivolous grounds and the respondent must be given the opportunity to contest the eviction petition.