DAYA RAM PRAJAPATI Vs. VIDYA DEVI

JUDGEMENT

(1.) This revision petition under Section 25B(8) of the Delhi Rent Control Act (for short 'the Act') impugns order dated 05.06.2012 of the Additional Rent Controller (ARC), North whereby leave to defend application filed by the petitioner, in the eviction petition, was dismissed.

(2.) The petitioner is tenant in respect of one room on the ground floor of property bearing No. 184, Gali No. 2, Padam Nagar, Kishan Ganj, Delhi 110007. His eviction is sought by the respondent/landlady on the ground of bonafide requirement of the tenanted room by herself and her younger son Mahesh Kumar for their residence. It is stated that the present accommodation with them on the ground floor, first floor and second floor is not sufficient to meet their bonafide requirement. It is averred that, she being an old lady, aged about 80 years and suffering old age related diseases, needs a room on the ground floor, where presently she has only one room and which is occupied by her aged husband and one store. One room on the ground floor is in the possession of the petitioner and another room with another tenant Roshan Lal, which has now been vacated on 31.10.2011; but that does not fulfill their requirement. It is also stated that one room and tin shed on the first floor and one room and tin shed on the second floor, which are in their possession, are not sufficient to meet their requirement. The second floor room and tin shed are stated to be with her younger son Mahesh Kumar, where he is living with his wife and a daughter who is studying in a school.

(3.) It is averred that they require one pooja room on the ground floor and one guest room for accommodating her four married daughters and their families and also two married sons and their children on their frequent visits.