SARASWATHI KUMAR Vs. RAKESH KALRA

JUDGEMENT

(1.) The present petition has been filed by the Petitioner, tenant, assailing the order dtd. 5/11/2022, passed by the Senior Civil Judge acting as the Rent Controller, South East District, Saket Court, Delhi ('Trial Court'), in Eviction No. 25/2018, whereby the Petitioner's application seeking leave to defend has been dismissed and an eviction order has been passed in favour of the Respondent, landlord, with respect to the portion, facing temple, of property No. D-37, B.K. Dutt Colony, Lodhi Colony, New Delhi-110003 ('tenanted premises') as delineated in the site plan marked as Annexure P-14 to the revision petition.

(2.) The eviction petition was filed by the Respondent, under Sec. 14 (1)(e) of the Delhi Rent Control Act, 1958 ('DRC Act'), for the bona fide need of opening a clinic for his son, who is a MBBS and MD. It was stated that the Respondent, landlord, himself is a practicing doctor in Ayurvedic medicine and that he does not have any alternate suitable accommodation for opening the clinic for his son. It was further stated in the eviction petition that the tenanted premises which comprises of one room along with a verandah, is lying locked and unused.

(3.) Learned counsel for the Petitioner, tenant, states that the Respondent herein is not the grandson of late Shri Ishwar Dass. He states that the Trial Court has wrongly concluded that Respondent's father, Sh. Dhanraj Kalra was the son of late Sh. Ishwar Dass. In this regard, he places reliance on a letter dtd. 20/3/1964 issued by late Smt. Sarla Devi, wife of late Sh. Ishwar Dass, to the municipal authority, seeking mutation of the tenanted premises in her name. He states that since in the said letter, Smt. Sarla Devi makes no reference to any other legal heir, it gives rise to a presumption that late Sh. Ishwar Dass was issueless.