BNT ASSOCIATES LIMITED Vs. G C JERATH

JUDGEMENT

(1.) This revision petition is directed against the order dated 3rd December, 1990 passed by Shri S.M. Chopra. Additional Rent Controller. Delhi whereby tenants have been refused to leave to defend and contest the application for eviction filed by the landlords on bonafide requirement.

(2.) In the petition filed by the respondents/landlords for eviction on the ground of bonafide requirement under Section 14(l)(e)oftheDelhiRentControlAct, 1958 (herein- after referred to as the 'Act')' the tenant-petitioner has filed an affidavit dated 4.12.1989 under Section 25 B (4) of the Act stating various grounds to contest the application of eviction. One of the grounds taken in para 6 is that the petitioner No. 2 stated to be the daughter of petitioner No. 1 is not dependant upon the petitioner No. 1 for purposes of residence or otherwise. She has been residing at Lucknow along with her husband and family members since the date of her marriage. The husband of petitioner No. 2 is employed at Lucknow and they have made sufficient arrangement for themselves to settle at Lucknow. They also own their own residential house at Lucknow and they have intentions to settle down at Lucknow where they have lived for over two decades, thus, cultivating friendly and social relations. Although the Additional Rent Controller has referred to this ground in the order but he has not considered the ground for determining whether or not the leave to contest the application should be granted.

(3.) The facts set up by the tenants are if true, in my opinion, prima facie disclose that the landlord in such circumstances would be disentitled to obtain an order for recovery of possession of premises and, therefore, leave to contest should have been granted to the tenant.