MOHAN LAL Vs. TIRATH RAM CHOPRA

JUDGEMENT

(1.) The main question which arises for consideration before this Bench is as to under what circumstances should leave to contest be granted to the tenant under section 25B(5) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') when an application for eviction under proviso (a) to sub-sec, (1) of Section 14 read with section 25B of the Act Act is filed against him by the landlord. This judgment will dispose of Civil Revision No. 1012 and Civil Revision No. 1013 of 1980 as the facts are identical and they, in fact, arise from the same order.

(2.) The respondents (hereinafter referred to as the landlords) are the owners of House No. 518, Gali Ram Nath, Joshi Road, Karol Bagh, New Delhi. The two respondents are brothers. Anapplication for eviction was filed by them on 7.480 under section 14(l)(e) read with section 25B of the Act. It-was contended in the application that respondent No 1 was aged about 68 years and was residing in a rented premises at Tagore Garden, New Delhi. It was further stated that the said premises had been taken by respondent No. I on rent for a period of 11/2 years with effect from 1st March, 1979 upto 31st August, 1980 after permission had been granted under section 21 of the Act by the Additional Rent Controller by order dated 28th February, 1979. It was also mentioned that the said house at Tagore Garden has to be vacated by 31st August, 1980 and, therefore, the premises in dispute were required bona fide by respondent No. 1. With regard to respondent No. 2 it was stated that he was employed in Bombay but had retired and had been granted extension. This extended period of his employment was expiring on 19th July, 1980 and thereafter he would settle in Delhi along with his family.

(3.) On summons being served, the tenant filed an application for leave to contest the eviction application. The application was supported by a detailed affidavit containing grounds on which leave was sought.