DINESH AHUJA Vs. PRAFUL PRAKASH RAMANAND

JUDGEMENT

(1.) THIS revision petition under Section 25-B (8) of the Delhi Rent Control Act (for short the 'Act') is directed against the order dated 21.04.2012 of Addl. Rent Controller (ARC), whereby the leave to defend application filed by the petitioner, in the eviction petition filed against him by the respondent, was dismissed.

(2.) THE petitioner is the tenant in respect of shop situated at ground floor of premises being F-14/10, Model Town-II, Delhi-9, under the respondent. His eviction is sought on the ground of bona fide requirement of the suit shop by the respondent for his car parking. His case, in brief, is that he has no other reasonably suitable accommodation on the ground floor for parking his car and that the accommodation available with him on the ground floor is not suitable for parking. The petitioner filed leave to defend application, which came to be dismissed by the learned ARC vide the impugned order. The same is under challenge in the instant petition.

(3.) THE case as set out by the petitioner in the leave to defend application, and which is also the submission of the learned counsel for the petitioner, is that the respondent got possession of adjoining shop No. 2 in September, 2008 and instead of using the same for car parking, has let it out on higher rent, and that would show that he did not require the suit shop for car parking, but for letting out on higher rent. It is also his case that one other shop on the back of the shops was also vacated and the respondent has removed the shutter and erected the wall, which is bigger than the suit shop, and is lying vacant.