MITTAR SAIN Vs. RAJESH KUMAR

JUDGEMENT

(1.) THIS revision petition filed under proviso to Section 25 -B (8) of the Delhi Rent Control Act (hereinafter referred to as 'DRC Act ') impugns an order dated 13.02.2013 passed by Learned Additional Rent Controller, North -West: Rohini, Delhi whereby the present petitioner 's (hereinafter referred to as the 'tenant ') application for leave to defend was rejected and an order of eviction was passed against him. Brief Facts

(2.) THE dispute arose with the present respondent (hereinafter referred to as the 'landlord ') filing an eviction petition u/s 14 (1) (e) of the DRC Act for evicting the tenant from Shop No. 2, Ground Floor, D -2/10, Model Town, Delhi (hereinafter referred to as the 'tenanted premises ') citing the ground of bona fide requirement. It was submitted that his father was the owner of the tenanted premises and had let out the same to the tenant; that after his father 's demise on 07.01.2007, he inherited the premises by virtue of his father 's will dated 23.01.1995.

(3.) AN application for leave to defend was filed by the tenant contending that the landlord was not the owner of the tenanted premises since the aforesaid will has not been probated; that alternate accommodation was available with the landlord; that the need of the landlord was not bona fide as both his sons were employed and residing outside Delhi and his wife was employed with Allahabad Bank; that the need of the petitioner was for a commercial shop and therefore, would not fall within the ambit of Section 14 (1) (e) of the DRC Act.