KISHORI LAL Vs. RAM SARAN

JUDGEMENT

(1.) This petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugns the judgment of the Additional Rent Controller dated 9.5.2011 by which leave to defend application filed by the petitioner/tenant has been rejected and the eviction petition has been decreed.

(2.) Eviction petition was filed with respect to one shop on the ground floor of the property bearing no.102, Village Ghondali, Krishna Nagar, Delhi. Respondent/landlord stated that he was a driver in DTC and he has retired and he needs the suit premises for doing business by himself and/or his sons Sh. Shakti and Sh. Pintoo whose financial position is not good.

(3.) On behalf of the petitioner, leave to defend was prayed for on two main counts. Firstly, it was stated that the son of the petitioner Sh. Shakti is doing the business of property dealing in Krishna Nagar and therefore the need of Sh. Shakti cannot be considered. The second aspect which was urged was that there are a total of six godowns and one shop in the property in question on the ground floor and three godowns/shops on the ground floor are lying vacant which are alternative suitable accommodation to the respondent/landlord.