MUKESH KUMAR GUPTA Vs. AJAY KUMAR

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 24.08.2011 of Addl. Rent Controller (ARC), whereby the leave to defend application filed by the petitioner, was dismissed.

(2.) The petitioner is the tenant in respect of one shop in premises C- 102, Mandawali Unchepar, Delhi His eviction is sought by the respondent on the ground of bona fide requirement thereof by him for setting up of his own business. The respondent's case is that there are two shops on the ground floor of the premises, one of which is with the petitioner and another with the other tenant, and that he does not have any other suitable commercial property for setting up of his business.

(3.) With regard to the plea of the ownership of the suit premises, there is not much contest since the petitioner was admittedly the tenant under the mother of the respondent, and was paying the rent to her. It is not in dispute that the respondent is one of the legal heirs of his mother and other legal heirs have given no objection in favour of the respondent. That being so, the respondent can be taken to be co-owner of the suit premises. It is not the case of the petitioner that anyone-else other than the respondent has ever claimed to be the ownership of the tenanted premises.