PAWAN PATHAK Vs. CHHAJJU RAM

JUDGEMENT

(1.) THIS is a revision petition filed under Section 25B of the Delhi Rent Control Act, 1958 ("Act"), challenging the order of 21st September, 2013 of the learned SCJ -cum -RC, Karkardooma Courts ("impugned order"). By the impugned order, the learned ARC dismissed the application of the petitioner -tenant ("tenant") seeking leave to defend and passing an order of eviction against the tenant in Eviction Petition No. E -10 of 2013. The dispute can be traced back to an eviction petition filed by the respondent -landlord ("landlord") before the learned ARC, wherein the landlord sought eviction of the tenant from the suit property - a shop - on the grounds of his bona fide requirement. The case of the landlord, who was - at the time of filing of the petition before the ARC - about to retire, was that he required the suit property for setting up a provisions/grocery store for his son. He had submitted that after his retirement, he would not be able to support his son and hence needs to set up a business for his son, who has studied only till 7th standard and a daily wage earner. He had submitted that he had no other suitable alternative accommodation for the same.

(2.) IT was admitted that on the ground floor of the building containing the suit property, there were three shops on the ground floor that belonged to the landlord. of the three shops, it was submitted, one was sold by the landlord to one Ms. Gayatri Devi, in April, 2009 to meet the expenses of one of his daughter's marriage, one was being used by the landlord's other daughter for running a beauty parlour, and the third is the suit property. The tenant, before the ARC filed an application seeking leave to defend the petition and raised four grounds:

(3.) THUS reasoning, the learned ARC, by the impugned order, rejected leave to defend and passed an order of eviction. The tenant has hence filed the instant petition seeking revision of the impugned order.