SHAFIQUDDIN Vs. MOHD. IBRAHIM

JUDGEMENT

(1.) This is a revision petition u/S 25B (8) of the Delhi Rent Control Act, 1958 (for short "the Act"), assailing the order dated 13.04.2012 passed by the Ld. Additional Rent Controller, whereby the leave to defend application filed by the petitioner/tenant was dismissed and consequentially an eviction order was passed.

(2.) The respondent filed an eviction petition u/S 14(1)(e) of the Act with respect to ground floor of the property bearing no.282, Gali Garhaiya, Matia Mahal, Jama Masjid, Delhi (hereinafter referred to as "the tenanted premises") wherein the petitioner is the tenant. The respondent in his eviction petition stated that the tenanted premises is required by him for residential purposes as he has a large family of four daughters, three unmarried sons and three married sons along with their families. The petitioner raised the ground that the landlord had alternative accommodation. He submitted in his leave to defend application and also in this petition that the respondent's sons are owners of built up three storey property bearing no. 240 Gali Jain Mandir, Shahdara, Delhi, which has four shops on the ground floor and eight rooms on the above floors where they are residing comfortably.

(3.) Before adverting to the submissions made by the learned counsels for the parties, I must reiterate that the power of this Court under Section 25 B (8) Act are not as wide as those of Appellate Court, and in case it is found that the impugned order is according to law and does not suffer from any jurisdictional error, this Court must refrain from interfering with the same. The power under this provision is limited and supervisory in nature. Only when it is evident that the Rent Controller has committed grave illegality or came to a conclusion which was not possible, based on the material produced, should this Court interfere in the orders passed by the Rent Controller.