RAVINDER SINGH Vs. DEEPESH

JUDGEMENT

(1.) This petition is being field under Sec. 25B(8) of the Delhi Rent Control Act against the impugned order dated 13.10.2010, whereby the Ld. ARC dismissed the leave to defend application in Eviction Petition No. 17/2009, filed by the petitioner herein. The brief facts giving rise to this petition are as follows.

(2.) The petitioner herein is the tenant in respect of a shop admeasuring 7ft X 10ft, in the ground floor of property bearing No. 89, Moti Nagar, New Delhi. In 2009, the landlord, who is the respondent herein, filed petition for eviction of the suit shop, claiming that it was required bona fide by the respondent for his 29 year old unmarried son who wants to open a computer business in the shop, which at present is under the tenancy of the petitioner at a monthly rent of Rs. 832/-. In the eviction petition, it was also submitted by the respondent that there are three shops on the ground floor of the premises, out of which one shop is being used by his wife, who is running a beauty parlour, second shop is with another tenant Mr. Iftikhar Ahmed and the tenanted shop was in the possession of the respondent.

(3.) The respondent also submitted that there is a basement in the property, but it was inhabitable because of a big drain abulting the property and that whenever the drain overflows, the water comes into the basement. It is because of this reason; the wife of the respondent shifted her beauty parlour from the basement to the ground floor. The respondent also submitted that his son is unemployed, despite having a degree in computer application, and the respondent himself is a cancer patient and required sufficient funds for his post-operative treatments. Due to the very high costs attached to the treatment of cancer, the respondent had to sell out the upper floors of the building and therefore, his requirement for the suit shop is bona fide.