ABDUL RASHID Vs. NAWAB ALI

JUDGEMENT

(1.) The instant revision petition is directed against the Order dtd. 11/10/2018, passed by the learned Additional Rent Controller, Central District, Tis Hazari Courts, Delhi in eviction petition, being E-160/15 (hereinafter referred to 'the instant eviction petition').

(2.) The facts, in brief, leading to the instant petition are as under :-

(3.) Mr. R. K. Saini, learned counsel appearing for the Petitioner/Tenant, draws the attention of this Court to certain photographs to show that the property bearing No. 4083, Urdu Bazar, Jama Masjid, Delhi, bearing the board of Nawab Guest House, is lying vacant. He, therefore, states that this fact itself raises a triable issue and the learned Rent Controller ought to have granted leave to defend to the Tenant to show that rooms are available in the said premises itself to enable the son of the Landlord to conduct the business. Learned counsel for the Petitioner also states that a room, which was lying vacant in the property No. 2386, Gali Dr. Inayat Khan Chelan, Darya Ganj, has been sold by the Landlord. He states that the said premises could have been used by the Landlord to establish his son. He states that instead of establishing his son in that property, the Landlord chose to sell the same which shows that the need put forth by the Landlord is not genuine. Learned counsel for the Petitioner also places reliance on the judgment of this Court in Arvind Kumar Jain v. Jagdish Lal Khanijo, 254 (2018) DLT 664, to contend that since the Landlord is already running one business, leave to defend ought to have been granted to the Tenant for the Landlord to establish that he requires the tenanted premises for supporting his son.