NARENDER KUMAR GUPTA Vs. S.K. GARG

JUDGEMENT

(1.) This revision petition under Section 25-B(8) of the Delhi Rent Control Act (for short the Act ) is directed against the order dated 4.4.2012 of the learned ARC, whereby the leave to defend application filed by the respondents in the eviction petition filed against them by the petitioner, was allowed.

(2.) The petitioner filed the petition against the respondents seeking their eviction from the tenanted shop on the ground floor of the property bearing No. 9984-85, Swami Ram Bihari Road, Sarai Rohilla, New Rohtak Road, New Delhi on the ground of bona fide requirement thereof by the petitioner for himself and his family members dependent upon him. The suit shop was particularly stated to be required for running of diagnostic centre by his son Dr. Deepak Gupta. The petitioner s case was that his son Dr. Deepak Gupta is a qualified Radiologist and had been working at Jeewan Mala Hospital and intends to start his diagnostic centre. The wife of Dr. Deepak Gupta is also stated to be a qualified Microbiologist and working with G.B.Pant Hospital. The petitioner has two other sons namely Vikas and Dinesh.

(3.) In the leave to defend application, the respondents raised various issues disputing the bona fide requirement of the tenanted premises by the petitioner. The learned ARC found all these issues raised by the respondents to be triable, and thus, granted them leave to defend. It is this order of the ARC, which is under challenge in the instant petition.