SUDERSHAN LAL ARORA Vs. JASWINDER PAL SINGH BHATIA

JUDGEMENT

(1.) THIS revision petition under Section 25-B(8) of the Delhi Rent Control Act (for short 'the Act') impugns order dated 21.03.2012 of the Additional Rent Controller (ARC) North, whereby leave to defend application filed by the petitioner, in the eviction petition, was dismissed.

(2.) THE petitioner is tenant in respect of one shop with two shutters on the ground floor of property bearing No.2026,Gali No.157,Tri Nagar, Delhi-35, which was let out to him by the mother of respondent herein, at a monthly rent of Rs.550/- per month, excluding electricity and other charges. His eviction is sought by the respondent/landlord on the ground of bonafide requirement of the tenanted premises for the needs of his elder son to start a new business. It is stated that the respondent has two sons and a married daughter. THE tenanted premises is stated to be required by the respondent for his elder son Sahib Singh Bhatia, aged about 25 years and, a qualified mechanical engineer for setting up business of trading of auto/machine parts, who is unable to start his own business, due to non-availability of commercial space. It is averred that the elder son of respondent is dependent upon him for commercial space to start his own business. THE younger son of respondent is also stated to be pursuing B.Tech in 2nd year.

(3.) IN the instant case, the petitioner alleged the respondent/landlord as a habitual litigant, having earlier filed two petitions being No.E- 228/2002 and No. E-167/2007. IN response to this, the respondent/landlord has stated that since the petitioner had been enjoying the premises without paying rent, therefore, the respondent was compelled to file the petition u/s 14(1) (a).