SURESH SARVARIA Vs. KANTA PD GARG

JUDGEMENT

(1.) Record perused. The respondent who is an employee of NCERT filed an eviction petition under Section 14(1)(e) read with Section 25-B of the Delhi Rent Control Act for eviction of the respondent (Petitioner) from the tenanted premises on the ground of bonafide personal requirement. Summons as prescribed under Schedule III of the Delhi Rent Control Act were issued to the tenant petitioner herein who appeared and filed an application seeking leave to defend. Grounds taken by the petitioner were that the purpose of letting was residential-cum-commercial and that the respondent landlord did not need the premises in suit bonafide. The Rent Controller did not find any favour with both these pleas taken by the petitioner tenant and ultimately declined the request of the tenant to grant leave to defend and a decree for eviction was passed. Aggrieved this revision petition has been filed.

(2.) As far as the purpose of letting is concerned, in para 14 of the eviction petition it has been specifically mentioned that the premises were let out to the tenant for residential purpose on 1.7.77 and the tenant had executed a rent note, a copy of which was attached with the eviction petition.

(3.) This fact has not been specifically denied by the tenant. Moreover, the copy of the rent note shows that the purpose of letting was only residential. This lease deed though not registered can be made use of for collateral purposes to find out the purpose of letting The Rent Controller has correctly appreciated that the premises were let out for residential purpose. No ground to interfere with this finding of the Rent Controller.