SUDESH ANAND Vs. A K SINHA

JUDGEMENT

(1.) IMPUGNED order is dated 24.08.2004; the eviction petition filed by the landlady -Sudesh Anand seeking eviction of her tenant -A.K. Sinha from the suit premises under Section 14(1)(e) of the Delhi Rent Control Act on the ground of bona fide requirement had been dismissed.

(2.) AT the outset learned counsel for the respondent has pointed out that this court is sitting in its powers of revision and unless and until a patent illegality or grave injustice accrue to one party qua the other party, no interference by this court is called for; it is in this background that the arguments of the respective parties have been appreciated.

(3.) LEAVE to defend had been filed; attention has been drawn to para 8 of the order dated 18.11.1999 vide which the leave to defend had been granted; contention being that only triable issue which had been raised by the tenant was the submission made by the landlord that the first floor of the same premises although admittedly sold but was sold because of financial crunch; it was a only triable issue which was to be answered by the landlord but the landlord had failed to answer this query; on all other counts, the eviction petition was liable to be dismissed; this submission of the learned counsel for the respondent is bereft of any force; while granting leave to defend this one point alone had not to be noted by the Trial Court; it is the gamut of the evidence which was collected before the Trial Court both oral and documentary that the Trial Court had to appreciate to answer the question as to whether the landlord was entitled to the prayer made by her in the eviction petition filed under Section 14(1)(e) of the DRCA or not.