OM PRAKASH ARORA Vs. RATAN MALA JAIN

JUDGEMENT

(1.) This petition, u/S 25-B (8) of the Delhi Rent Control Act (for short "the Act"), assails the order dated 21.09.2011, passed by the court of the Ld. ARC, Karkardooma Court, Delhi, by which the leave to defend application filed by the petitioner was dismissed and an eviction order was passed.

(2.) The petitioner is a tenant with respect to a shop forming part of property bearing no. T-336, Gali No. 9, Gautam Puri, Delhi-110053 (hereinafter referred to as "the tenanted shop"). The tenanted shop was let-out to the petitioner for non-residential purposes at a monthly rent of Rs. 440/-. The respondent landlady filed an eviction petition u/S 14 (1) (e) of the Act on the ground that she requires the tenanted shop for her husband who has retired from Delhi Jal Board in the year 2008 and who wants to run his shop for their livelihood. It was submitted that the husband of the respondent is suffering from illness and is under continuous treatment and that his pension is not sufficient to meet the medical expenses. The respondent is in possession of two shops, of which one shop is run by her mentally retarded son with the help of his uncle and she no longer has any relations them. The other shop is being occupied by the petitioner. Thus the tenanted shop was bonafidely required by her.

(3.) The petitioner filed a leave to defend application u/S 25 B (4) of the Act wherein he brought about various issues. The same was dismissed by the Ld. ARC vide order dated 21.09.2011. The said order is under challenge in the present petition.