NAVNEET RAI Vs. NARINDER KAUR

JUDGEMENT

(1.) This revision petition under section 25B(8) of the Delhi RentControl Act, 1958 (for short the Act), is directed against the order dated 19 October 1989 passed by the Rent Controller dismissing petitioner-tenant's application seeking leave to contest respondent landlady's eviction petition under section 14D of the Act, consequently passing the eviction order and directing the petitioner to hand over possession of the premises in question, i.e. ground floor one room in the property bearing No.19/3, Prem Nagar, near Tilak Nagar, New Delhi to the respondent forthwith.

(2.) The respondent filed the eviction petition staling that she was the owner of the said premises; she was a widow; there were in all three rooms in the property; one room was let out to the petitioner; and two rooms were in the occupation of the respondent out of which one room was being used by the younger son of the petitioner who got married in the year 1989 and the other room was being shared by her with her second son aged about 30 years and the accommodation available with her had become insufficient as prior to the marriage of the younger son, both her sons were occupying one room and after the marriage of the younger son, the accommodation had fallen short.

(3.) After service of summons, an application, supported by an affidavit, was filed by the petitioner seeking leave to contest the eviction petition on the grounds that the eviction sought undersection 14Dinsteadofsection 14(l)(e)oftheActwasan abuse of the process of law; the tenanted premises were being used for tailoring business under the name and style of Femina Tailors since the inception of the tenancy and therefore the eviction petition was not maintainable; the respondent had sufficient accommodation and in the eviction petition she had not pleaded all the ingredients of section 14(l)((e)oftheAct,and that the premises inquestion was situated in a slum area and as such the eviction petition was not maintainable.