NARENDER KUMAR Vs. VISHNU KR. NAYYAR

JUDGEMENT

(1.) BY this petition, Mr. Narinder Kumar has assailed the order dated 19th October, 1992 of the Additional Rent Controller dismissing his application for leave to defend and passing an order for eviction under Section 14(1)(e) of Delhi Rent Control Act, (hereinafter called as 'the Act') against him.

(2.) THE brief facts of the case are that Shri Vishnu Kumar Nayyar, the landlord instituted eviction petition on 4th February, 1992 against Narinder Kumar, the tenant on the ground of bonafide requirement. The landlord was working as Dy. Manager (Maintenance) Foundry in H.M.T. Ltd., Pinjore, Ambala, Haryana. The landlord let out the premises in question to the tenant consisting of two rooms, kitchen with common use, latrine, bathroom and courtyard on a monthly rent of Rs. 800/- vide agreement dated 15th July, 1986. The premises were let out for residential purposes.

(3.) THE tenant sought leave to defend inter alia on the grounds that the petitioner is neither the landlord nor owner of the property. In fact it is one Mr. Roshan Lal Sehgal who had been collecting the rent as landlord. That the landlord is permanently residing at Panchkula and does not want to shift to Delhi, he in fact wants to increase the rent and since it has not been agreed to, therefore, this eviction petition. Even otherwise he wants to sell this property after getting it vacated. His son's requirement cannot be the ground for eviction, nor his brother for residence is dependent upon him. His mother is residing with his brother. He has no dependent for residence.