KAMLA THUKRAL Vs. TARLOK SINGH

JUDGEMENT

(1.) Order impugned is the order dated 02.3.2012. The application filed by the tenant/petitioner seeking leave to defend in a pending eviction petition under Section 14(1)(e) of the Delhi Rent Control Act (hereinafter referred to as the DRCA) had been dismissed. The petitioner is aggrieved by the aforenoted finding.

(2.) Record shows that the eviction petition has been filed by the respondent/landlord under Section 14(1)(e) read with Section 25 B of the DRCA seeking eviction of the tenant from the premises which are occupied by him i.e. one room on the ground floor, entire first floor, a store and bath room on the second floor. The petitioner undoubtedly and undisputedly is the owner and landlord of the aforenoted premises.

(3.) In the application seeking leave to defend the primary defence was that the landlord being a resident of United Kingdom so also his other family members, it is impossible to imagine that he would be visiting India at such an old age. More so this is a case of additional accommodation as admittedly a portion of the second floor and the third floor are also available to the landlord and his family which is sufficient to meet their need. Issue of additional accommodation has, however, not been pressed.