RANI Vs. SOMNATH

JUDGEMENT

(1.) This rent control revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') by the petitioner/tenant impugning the judgment of the Additional Rent Controller dated 11.1.2013 by which the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner/tenant and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the tenanted premises comprising of one room admeasuring 8.7' X 6.6' in the property bearing no.B-21, Vikram Nagar, Kotla Feroz Shah, New Delhi. I may note that statutorily only six months is granted to a tenant to vacate the premises after passing of the eviction order on the ground of bonafide necessity and since the impugned judgment was passed on 11.1.2013, the period for vacating the suit premises expired long back on 11.7.2013. Petitioner however continues to stay in the premises because of an interim order passed by a learned Single Judge of this Court on 3.7.2013.

(2.) The bonafide necessity eviction petition was filed by the respondent/landlord stating that he is residing alongwith his son Sh. Praveen Kumar Seth in the same property bearing no.B-21. The family of Sh. Praveen Kumar Seth comprises of Sh. Praveen Seth, his wife, one son and two daughters out of which one is married. The son of Sh. Praveen Kumar Seth is said to be of a marriageable age. The other son of the respondent/landlord i.e Sh. Bhisam Seth has retired from the ordinance factory at Murad Nagar on 31.8.2011 and requirement for Sh. Bhisam Seth and his family is pleaded which comprises of Sh. Bhisam Seth, his wife and his widowed daughter-in-law and two children from the widowed daughterin-law. Therefore, as per the eviction petition, bonafide necessity is pleaded to exist for the respondent, his son Sh. Praveen Kumar Seth with his wife, one son Sh. Aman, one married daughter and one unmarried daughter Ms. Purnima and Ms. Divya respectively, his other son Bhisam Seth with his wife, his widowed daughter-in-law, and two children of the widowed daughter-in-law. Therefore, the family of the respondent comprises of nine adults and two children being the grand children of the respondent/landlord and the children of the deceased son of Sh. Bhisam Seth. The respondent will therefore require one bedroom for himself, one bedroom for Sh. Praveen Kumar Seth and his wife, one bedroom for Sh. Aman (son of Sh. Praveen Kumar Seth) of marriageable age, one bedroom for the unmarried daughter of Sh. Praveen Seth, one bedroom for the married daughter of Sh. Praveen Seth i.e as a guest room, one bedroom for Sh. Bhisam Seth and his wife, one bedroom for the widowed daughter-in-law of Sh. Bhisam Seth and one bedroom for the two children of the widowed daughter-in-law. Therefore, a total of eight rooms are required besides the requirement of living-cumdining room and other amenities of kitchen, bathrooms etc. The petitioner has opposed to his requirement of eight rooms, as even the respondent has a total of four rooms i.e two rooms in property no.B-21 and two rooms in property no.B-22.

(3.) Before me, on behalf of the petitioner the following grounds are urged for allowing of the petition and grant of leave to defend:-