ASHOK Vs. GAGAN

JUDGEMENT

(1.) This petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is filed by the petitioner/tenant impugning the judgment of the Additional Rent Controller dated 09.5.2013 by which the Additional Rent Controller has dismissed the leave to defend application and decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the suit/tenanted premises being one shop on the ground floor of the property bearing no.B-9, Subhash Chowk, Laxmi Nagar, Delhi.

(2.) The case as set up by the respondent/landlord was that he did his BTech in the year 2005 and MBA in the year 2007, whereafter he worked as an Assistant Marketing Manager with Havells India Ltd. from 2007 to 2010.

(3.) The petitioner/tenant in his leave to defend application had essentially pleaded two aspects. The first aspect which was pleaded was that the respondent/landlord has an adjacent open space on which he can make construction of shops and the second aspect which was pleaded is that the respondent/landlord has two shops, and therefore the eviction petition has no merits. Before me also the aforesaid two grounds are urged for allowing of the petition by granting leave to defend.