KAMAL KAPOOR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This revision petition under section25B (8) of the Delhi Rent Control Act, 1958 (for short the 'Act') is directed against the order dated 17 November 1992 passed by the Additional Rent Controller, Delhi granting to the respondent/tenant (hereinafter referred to as the tenant) leave to defend petitioner's/landlady's (hereinafter referred to as the landlady) eviction petition under section 14D read with section 25B of the Act.

(2.) Premises bearing No.E-198, Naraina Vihar, New Delhi, a two and half storeyed residential - cum - commercial building was let out to the tenant with effect from 01 December 1973, as per agreement dated 17March 1974, for aperiod of three years. Subsequently, another agreement was executed on 18 May 1982 extending the tenancy for a further period of three years with effect from 01 December 1981.

(3.) The landlady filed the eviction petition, wherein it was stated that she was the owner of the said premises; she was a widow; the demised premises were the only property owned by her in Delhi; she being a heart patient was advised to avoid long journeys and she had to stay in Delhi for proper treatment and the one room tenanted accommodation with her son, with whom she was staying, was insufficient. She, therefore, required the premises for her own residence as she had no other alternative accommodation.