RAKESH KUMAR Vs. PAWAN KHANNA

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 11.05.2011 of the 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 a tenant under the respondent in respect of one shop in property No. 13-UB, Jawahar Nagar, Sabzi Mandi, Delhi. His eviction is sought by the respondent/landlord on the ground of bona fide requirement thereof by him for setting up his business of property broker, alleging not to be having any other reasonably suitable space for this purpose in Delhi. It is averred by the respondent/landlord in the eviction petition that he has been carrying his business of properties from an office of his friend Jatin Madani at 9-A, Eidgaha Road, New Delhi, and that since he has no space for his business, he has been calling his customers at this place or in public places or restaurants.

(3.) The petitioner/tenant filed leave to defend application denying the respondent/landlord to be having no space for carrying on his business of property broker or that he was carrying the same from the office of his friend at 9-A, Eidgaha Road, New Delhi. He alleged that the respondent had been carrying his business under the name and style of M/s. Pratham Apartments Pvt. Ltd. from C-161, Ashok Vihar, Phase-I and which address is duly mentioned in the record of the Registrar of Companies. It is also alleged that even in the search report of Sanjay Kumar and Associates dated 26.09.2010, the address of the respondent?s company continues to be at C-161, Ashok Vihar, Phase-I, as per the record of Ministry of Corporate Affairs, Govt. of India. It is alleged that the respondent has let out the ground floor of the suit premises to M/s. Planet Fashion since 2008.