HARI SHANKER Vs. MADAN MOHAN GUPTA

JUDGEMENT

(1.) The petitioner tenant has filed the present revision petition aggrieved by the impugned order of the Additional Rent Controller dated 23.3.2001 dismissing the application of the petitioner for leave to defend the eviction petition filed in the proceedings of eviction initiated by the respondent landlord.

(2.) The respondent filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the said Act') against the petitioner claiming to be owner landlord of the tenanted premises consisting of three rooms with the mezzanine inside one of the rooms, store, kitchen, two bathrooms on the first floor of property No.927, Gali Inderwali, Kuch Pati Ram, Bazar Sita Ram, Delhi. The respondent claimed title to the property by virtue of a Will dated 25.10.1986 executed by his mother in his favour as also a registered Gift Deed dated 13.5.1946. The premises was stated to be let out for residential purposes to the petitioner and the possession was sought on the basis that the premises were required bona fide by the respondent landlord and there was no other alternative suitable reasonable accommodation available to him.

(3.) The family of the respondent consists of himself, his wife, one unmarried son and three married daughters and he was in occupation of one room, one store, one kitchen, one bathroom, open court-yard, small kolki on the ground floor, one small barsati with tin-shed on the ground floor. The tin-shed was stated to be not capable of being used for residence. The requirement of the petitioner was set out as three bedrooms, one drawing-cum-dining room and a study room besides puja room and a guest room and one room for his business purposes since he carried on the business of gota garlands and rakhi.