MOHAN LAL Vs. BANSI LAL

JUDGEMENT

(1.) THE petitioner Mohan Lal filed the present revision petition for setting aside the impugned order dated 19th February, 2013 passed by the Additional Rent Controller, Central, Delhi, in eviction petition bearing No. E -155/2011 filed by the respondent under Section 14(1)(e) on the ground of bonafide requirement, whereby the application for leave to defend filed by the petitioner was dismissed.

(2.) THE brief facts as stated in the eviction petition are that the respondent is the owner of the property in question. The petitioner is tenant in respect of one shop No.10 in the property No.11881/1, Street No.10, Sat Nagar, Karol Bagh, New Delhi, measuring 6 1/2 ft X 9 1/2 ft which is shown in red colour in the site plan (hereinafter referred to as the suit premises).

(3.) IN the petition, it is mentioned that the rent has not been paid since March, 2011. The respondent along with his wife and his family members are residing at the first floor of house bearing No.11881/1, Street No.10, First Floor, Sat Nagar, Karol Bagh, New Delhi -110005. It is a plot of 100 yards. The first floor consists of two rooms, one kitchen and two latrine bathrooms which is shown in green colour in the site plan. As per petition, the suit premises was required bonafidely by the respondent for residence of the respondent and his family members. They are facing acute paucity of accommodation. There is no reasonable or suitable accommodation available to them except the suit premises. Family of the respondent consists of respondent himself, his wife and one son. The respondent is retired from Airports Authority of India. Wife of the respondent is housewife. Son is studying in the final year of graduation and is willing to pursue his master degree. He requires separate room for study.