SALMA Vs. NANHEY MIYAN ALIAS NASEEM KHAN

JUDGEMENT

(1.) THE impugned judgment is dated 22.01.2011; the application filed by the tenant seeking leave to defend in pending eviction proceedings under Section 14 (1)(e) of the Delhi Rent Control Act (DRCA) had been dismissed.

(2.) RECORD shows that the present eviction petition has been filed by Nanhe Miya, the landlord seeking eviction of his tenant Salma from a room with common bath and latrine on the ground floor of property bearing No. 4415, Ground Floor, Gali No. 22, Shanti Mohalla, Old Seelampur, Delhi. The petitioner claims himself to be the owner of the suit premises; eviction petition has been filed on the ground of bonafide requirement; contention is that the family of the petitioner comprise of himself, his wife and six children of whom five are sons and one is a daughter; the daughter is aged 14 years and is a chronic patient of T.B.; her treatment is going on at Jain Charitable Hospital; petitioner has two other rooms on the second floor which are occupation of his two brothers-in-law; there are two rooms on the back side which are also with other tenants; the petitioner is presently living in a hall measuring about 18'X10' feet on the first floor of the premises. The present room which is on the ground floor opens from front side. Premises are required by him in order that he can accommodate his daughter who being of weak health is facing difficulty in climbing stairs on the first floor; fresh air flow is also required by a T.B. patient and the petitioner himself who is also 55 years of age also find it difficult in climbing stairs. Present premises are required for the aforenoted purpose.

(3.) IN this background, on no count can it be said that any triable issue has arisen.