PREM LATA Vs. PAWAN KUMAR KHURANA & ORS.

JUDGEMENT

(1.) This petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 (hereinafter called "the Act of 1958") read with Sections 115 and 151 of the Code of Civil Procedure and Article 227 of the Constitution of India is at the instance of a landlady against the order dated 31.05.2010 passed by the learned Additional Rent Controller whereby her tenant in a shop belonging to her, the respondent no.1 herein, has been granted leave to defend the eviction petition filed against him by her under Section 14-D of the Act of 1958.

(2.) The relevant averments made in para no.18 (a) of the eviction petition are-produced below:-

(3.) The respondent no. 1-tenant had filed an application for leave to contest the eviction petition along with an affidavit submitting that the petitioner-landlady does not require the shop in question for her residence as she is 85 years of age and is confined to bed and never comes out and has filed the aforesaid eviction petition to get the shop vacated with an ulterior motive of re-letting the same to someone else on a higher rent. He further pleaded that the one shop adjoining to the shop in his tenancy was lying vacant and the petitioner-landlady could very well occupy the same and further that the petitioner was wrongly claiming that adjoining shop is being used for running the business of mobile phones by her grandson. The grandson of the petitioner was earlier doing the business in that shop but for last one year the same was lying locked. It was also pleaded that the portion marked as 'H' in the plan, which had been projected as a drawing room, was also lying vacant and that portion also could be used by the petitioner for her residence.