NAWAL KISHORE KHANDELWAL Vs. KUNTI DEVI

JUDGEMENT

(1.) THE present petition has been filed under Sec. 25B(8) of the Delhi Rent Control Act, 1958, against the Order passed by the Court of Learned Additional Rent Controller (Central) Delhi, in Eviction Suit No. 140/2008 dated 28.09.2011, rejecting the petitioners application seeking leave to defend.

(2.) THE brief facts leading to the present petition are as follows. The Petitioner is a tenant in respect of a shop situated at the ground floor of the property no. 1157, Kucha Mahajani, Chandni Chowk, Delhi since 1979-80. On 05.09.2008, the respondents instituted an eviction petition under Sec. 14(1)(e) read with Section 25B of the Delhi Rent Control Act, 1958, on the ground that the suit premises were required bona fide by the respondent to accommodate the business of her son, who is unemployed and dependent on her.

(3.) THE Ld. ARC has examined the rival contentions and has dismissed the petitioners leave to defend application on the following grounds. With regards to the contention regarding the ownership of the suit premises, the Ld. ARC has noted that the petitioner herein has conceded that the respondent is the owner of the entire suit building while alleging the unauthorized constructions on the third and fourth floors. Moreover, the Ld. ARC has also noted that the landlady herein had placed on record the judgment and decree dated 15/12/2955 in favour of her predecessor and also the rent receipts issued in favour of the petitioners by her late husband. The Ld. ARC also found that the allegation regarding the landladys son being in business of unauthorised constructions, was taken up for the sake of defence which lacked any evidence. The Ld. ARC also observed that this meant that the respondent/landladys son was not having any permanent business.