NIRMAL SINGH Vs. AVTAR SINGH

JUDGEMENT

(1.) -The petitioner-tenant in this revision under section 25B(8) of the Delhi Rent Control Act, 1958 (here in after referred to as 'the Act') challenges the judgment and order dated 21st May, 1980 of the Additional Controller directing his eviction under Section 14(l)(e) of the Act. The main contention of the learned counsel for the petitioner is that the eviction petition was barred under Order 9 rule 9 of the Code of Civil Procedure ( hereinafter referred to as 'the Code').

(2.) Briefly the facts are that the respondent on 2nd February, 1977 had filed an application for eviction of the petitioner under Seccion 14(1) (e) read with Section 25B of the Act. Leave to defend was granted. On 21st September, 1977 the Rent Controller dismissed the same.

(3.) The respondent on 2nd January, 1978 filed a fresh petition against the petitioner under Section I l(l)(c) read with Section 25B of the Act alleg ing that he was the owner of the premises, which were let to the petitioner for residential purposes, that he required thpremises for the residence of himself and his family members and that he had no other reasonably suitable residential accommodation. The premises consist of one room with common bath and latrine of the property at WZ 93/1, Gurunanak Nagar, Tilak Nagar, New Delhi. The petitioner after the giant of leave to defend filed his written statement alleging that the eviction petition was barred under Order 9 rule 9 read with Section 11 of the Code as the earlier eviction case No. E-104 of 1977 was dismissed on 21st September, 1977 by the court of Shri P.S. Sharma,. Additional Rent Controller, Delhi. The petitioner also challenged the bona fide requirement of the respondent. The Additional Controller by his judgment dated 21st May, 1980 held that the eviction petition was not barred under Order 9 rule 9 of the Code and the respondent was entitled to the order of eviction against the petitioner.