SAGHIR AHMAD Vs. MOHD IFRAN

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 03.01.2012 of the learned ARC, whereby the leave to defend application filed by the petitioners in the eviction petition filed against them by the respondent, was dismissed.

(2.) THE petitioners are the tenants under the respondent in respect of one shop bearing No. 5176-77, Main Road, Ballimaran, Delhi. Their eviction is sought by the respondent on the ground of bona fide requirement thereof for the purpose of storing his material of Halwai business, which he is running in the adjoining shop, where the accommodation available with the respondent is stated to be highly insufficient, being only of 1 square yd.

(3.) THE petitioners filed leave to defend application, alleging the respondent to be interested in increasing the rent only and being in possession of two shops in property bearing Nos. 1353, Haveli Hasamuddin Haider, Ballimaran, Delhi where he is running his Halwai and restaurant business. It is alleged that the respondent has also been running a hotel under the name of Abbas Hotel in two properties being 5083, Ballimaran, Chandni Chowk and 5077-A, Kucha Rehman, Chandni Chowk. It is their case that these properties bearing Nos. 5083 and 5077-A, are adjacent and attached with each other measure 200 sq. yds., were in the name of the respondent's sister Gulzar Begum, but now, after her death, the respondent alone is in possession and control of the said hotel. It is also alleged that the suit premises is situated in slum area and petition was not maintainable without the permission of the Competent Authority (Slums).