PRADEEP KUMAR KHANEJA Vs. JAGRANI

JUDGEMENT

(1.) The challenge by means of this petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is to the judgment of the Additional Rent Controller dated 31.3.2012 by which the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner/tenant and has decreed the eviction petition for bonafide necessity filed under Section 14(1)(e) of the Act by the respondent/landlady for the tenanted premises being a room on the ground floor of the property bearing no.9530, Gali Mil Wali, Azad Market, Delhi- 110006.

(2.) The case of the respondent/landlady, and who was 75 years of age when the eviction petition was filed and is now about 80 years, was that due to her old age she cannot climb to the first floor of the property where she is presently residing and therefore she needs the property for her bonafide need. Respondent-landlady also pleads that her brother-in-law's family is living with her. In my opinion, however, the only issue is as to whether respondent/landlady is entitled to shift to the ground floor in view of her old age and which is presently 80 years as stated above.

(3.) The Additional Rent Controller has decreed the bonafide necessity eviction petition on the ground that the respondent/landlady who is an aged person of 75 years, cannot be forced to climb to the first floor and therefore she has a bonafide necessity for the room on the ground floor which is with the petitioner/tenant.