KAMAL BHUSHAN BHATNAGAR Vs. RAMWATI

JUDGEMENT

(1.) The present petition is contested by the petitioner under Section 25B(8) of the Delhi Rent Control Act,1958 (hereinafter referred to as "the Act") against the impugned order dated 11th July, 2012 passed in eviction petition No.E-01/2012 by the Court of ARC, Rohini, Delhi.

(2.) The brief facts of the case are that the respondent/landlady filed an eviction petition against the petitioner/tenant under Section 14(1)(e) of the Act on the ground of bonafide requirement of the property bearing No.B- 3/264, Sector 6, Rohini, Delhi-110085 (hereinafter referred to as the "tenanted premises"). It was stated in the eviction petition that the respondent is the owner of the tenanted premises which she purchased from its previous owner Devender Kaur vide registered sale deed and agreement to sell dated 14th December, 2005. It was stated that the respondent and her family has been residing in one room of property bearing No.LD-194, Pitampura, Delhi-110088 in which they have been living has caretaker/permissible user since 2003. However, the owner of the said premises where she resides wants her and family to leave that house and so the respondent is in an urgent need of her own house.

(3.) It was stated that the respondent had earlier filed a petition under Section 14(1)(a) of the Act which was rejected under Order 7 Rule 11, CPC and subsequently she again filed an eviction petition which is pending disposal. The respondent earlier also filed an eviction petition under Section 14(1)(e) of the Act which was dismissed as withdrawn with a liberty to file a fresh one as per law. It was further stated that in a petition filed by the petitioner under Section 27 of the Act for deposit of rent, the petitioner himself admitted the respondent as his landlady.