METROPOLITAN BOOKCO.PVT.LTD Vs. AJAY RASTOGI

JUDGEMENT

(1.) THIS revision petition is filed under Section 25 -B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugning the judgment of the Additional Rent Controller dated 3.9.2013 by which the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner -tenant and has granted an eviction order to the respondents/landlords(essentially for respondent no.1) with respect to the tenanted premises which comprises of one hall on the ground floor on the property no. 5053, 1, Netaji Subhash Marg, Main Daryaganj, New Delhi as shown in red colour in the site plan filed along with the eviction petition for the residential use of the respondent no.1 and his family members, especially the mother who is aged about 83 years as of today.

(2.) IN a bonafide necessity petition there are three aspects which are required to be shown for an eviction order to be passed (i) existence of relationship of landlord and tenant; (ii) the landlord requires the premises for his bonafide use and/or for the use of his family members, and (iii) landlord has no other alternative suitable accommodation.

(3.) LET me turn to these issues and examine the same as to whether they raise triable issues for grant of leave to defend.