SHARAFAT ALI Vs. KHATEEJA BEGUM

JUDGEMENT

(1.) No one was present for the petitioner on the first call. No one is present for the petitioner even on the second call. I have therefore gone through the record and am proceeding to dispose of the petition on merits.

(2.) By the impugned order dated 4.7.2014, the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner/tenant in a bonafide necessity eviction petition filed under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') by the respondent/landlady with respect to the tenanted premises comprising of one room with attached bathroom in property no.A-35/5, Block A, First Floor, Joshi Colony, I.P. Extension, Delhi-92.

(3.) The facts as pleaded by the respondent/landlady were that in her family besides herself there is her husband and three sons. The three sons on the date of filing of the eviction petition in the year 2012 were 19 years, 12 years and 9 years old respectively. The respondent/landlady's elder son is doing his second year of Engineering from IEC College of Engineering & Technology, Greater Noida and he needs the tenanted premises so that he can commute to his college easily. The respondent/landlady is presently residing at 27, Navpura East, Mau Nath Bhanjan, U.P. and the premises are also required as her husband who is B. Tech and M. Tech from IIT, Kanpur is presently jobless and carrying on charitable work in the premises owned by the respondent at U.P. There is a charitable society which is running a school and the husband of the respondent is a President of the society but the post is a honorary post which the husband of the respondent is occupying and he is not getting any salary. The accommodation available in the other portion of the property where the tenanted premises are situated comprises of only two bed rooms and which are insufficient for the need of the family of the respondent, and hence the bonafide necessity eviction petition.