MAHESH KUMAR Vs. PRITAM CHAND

JUDGEMENT

(1.) This petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred as to 'the Act') is filed against the impugned judgment of the Additional Rent Controller dated 31.5.2013 by which the Additional Rent Controller has dismissed the leave to defend application filed in the bona fide necessity eviction petition under Section 14(1)(e) of the Act and the eviction petition has been decreed with respect to the tenanted premises being the first floor of the property no. 1308, Gali Gulian, Near Dharampura, Jama Masjid, Delhi 110006.

(2.) The respondents/landlords filed the subject eviction petition claiming that their family comprises of two sons aged 22 years and 12 years and two daughters aged 28 years and 24 years; (elder daughter being married), and the mother Smt. Sarita Jain/respondent no. 1, and therefore, they require a total of at least five rooms, one each for the sons, one for the unmarried daughter, one for the mother and one as a guest room for the elder married daughter. Besides above, the respondents/landlords would also require a store room, drawing room, dining room and also the amenities of kitchen, bath rooms etc. The respondents/landlords however had with them only two rooms on the second floor besides the amenities of bath room, kitchen etc and one godown on the ground floor which is being used as a store room, and hence the bona fide necessity eviction petition was filed.

(3.) Petitioner/tenant contested the eviction petition by filing the leave to defend application. Two main grounds were argued before this Court for setting aside of the impugned order and for granting of leave to defend.