KANTA SACHDEVA Vs. A.D.CHOUDHARY

JUDGEMENT

(1.) THIS revision petition under Section 25-B(8) of the Delhi Rent Control Act (for short the 'Act'), impugns the order dated 15.04.2011 of learned Sr.Civil Judge-cum-Addl. Rent Controller (South), Saket Courts, New Delhi, whereby the leave to defend application filed by the petitioners in the eviction petition filed against them by the respondent, was dismissed.

(2.) THE eviction of the petitioners was sought by the respondent from the tenanted premises for the purpose of establishing the office of his son Amit Kumar since they stated to be having no space for the same. It was the respondent's case that his son has completed his education and intends to join his business, but he does not have enough space for his sitting arrangement in the suit premises, and thus, requires the tenanted premises. It was averred that he is facing inconvenience in carrying on his business due to scarcity of space. It was also his case that his son is of marriageable age, but, is unable to carry on the business in association with him (respondent) due to lack of office space. It was averred that he had purchased a portion on the basement of property No. 59, National Park, Lajpat Nagar for storing books, but, the same has since been sealed by MCD, and therefore, he is storing all his books in the space available in the suit premises. It was alleged that the petitioners are the owners of the adjoining property No. C-28, Amar Colony and which was lying vacant and available with him.

(3.) THE learned ARC, vide the impugned order, declined leave to defend to the petitioners, observing that no triable issue was made and consequently, passed the eviction order. The same is under challenge in the instant petition.