PURSHOTTAM DASS Vs. JAGMOHAN GOLA

JUDGEMENT

(1.) THIS rent control revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is filed by the petitioners/tenants impugning the judgment of the Additional Rent Controller dated 30.5.2012 which has dismissed the leave to defend application filed by the petitioners/tenants and has decreed the bona file necessity eviction petition filed under Section 14(1) (e) of the Act with respect to the tenanted premises being one room on the ground floor of the premises bearing no.613, Gali Kundey Walan, Ajmeri Gate, Delhi -6 as shown in red colour in the site plan exhibited as Ex. X.

(2.) THE case of the respondent/landlord was that by virtue of a duly registered partition deed dated 25.7.2005 entered into between him and the other co -owners he became owner of the property no.613 which includes the tenanted premises in question. The respondent/landlord stated that he needed the tenanted room for residential purpose of himself and his family inasmuch as his family comprises of himself, his wife Smt. Tara Devi, two sons namely Sh. Devender Kumar and Sh. Divesh Kumar, and one daughter Dolly and therefore the respondent required a total of five rooms being one room for himself and his wife, one room for each of the sons, one room for the daughter and one room for guests and relatives. Respondent/landlord however has only three rooms. Respondent/landlord also pleaded that he need one store room for keeping his goods as also a puja room. Respondent/landlord stated that there is a store of roughly about 10' X 9' on the ground floor which cannot be used presently on account of narrow access but after getting the tenanted premises vacated, the respondent/landlord can easily use the store Mark -B as shown in the site plan.

(3.) COUNSEL for the petitioners before this Court has argued only the following aspects for setting aside the impugned judgment and for grant of leave to defend: -