MOHD AZHAR Vs. TEBREJ ALAM

JUDGEMENT

(1.) THE present petition has been filed by the petitioner under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") against the order dated 1st April, 2010 passed by learned ARC (East) Delhi, allowing the leave to defend application of the respondent in an eviction petition filed by the petitioner in respect of a flat bearing no. H -204, Taj Sartaj Group Co -operative Housing Society (Taj Enclave), Geeta Colony, Delhi -31 (hereinafter referred to as "the tenanted premises").

(2.) THE petitioner had stated in an eviction petition that he bonafidely required the tenanted premises for himself and his family consisting of his wife, 5 daughters of who 2 were married and 3 were unmarried, one married son and his wife. Two unmarried daughters were stated to be aged about 20 - 22 years old, at the time of filing of the eviction petition, while the third unmarried daughter was stated to be mentally challenged, requiring constant care.

(3.) IN the leave to defend application, the respondent besides raising other grounds, contended that the petitioner is the owner of the entire property bearing No. 1168, Mahal Sarai, Churiwalan and was not residing therein in the capacity of a tenant. It was contended that the petitioner had another residential house bearing No. 2906, Gali Captain Wali, Kucha Chela, Daryaganj constructed uptil 2nd floor and that the petitioner's son had been residing therein and also doing his business from the ground floor thereof. It was also contended that the 2nd floor of this property was recently let out to someone by the petitioner. It was further contended that petitioner is the original allottee of flat no. D - 202 in the same Society i.e. Taj Enclave and that the petitioner had also purchased another flat bearing no. 302 which was in the possession of the petitioner.