ALLAHRAKHA Vs. ALLAHWALA

JUDGEMENT

(1.) This petition impugns an order of 07.09.2010 which allowed the respondents application under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (for short "the Act") and ordered the eviction of the petitioner from premises No. 4234, Gali Qutubuddin, Gali Shahtara, Ajmeri Gate, Delhi.

(2.) It has been the case of the landlord that for a family consisting of 13 members there were merely three rooms, one kitchen, two toilets and an open courtyard available which was woefully insufficient for their requirement. Hence, they require the suit premises for their residential use. It was also contended that the two sons of landlord No. 1 who were of marriageable age i.e. 24 to 26 years, were constrained from planning their marriage due to insufficient accommodation. Similar was the case of the two sons of the second landlord who too were of marriageable age being around 27 to 32 years, but, again were constrained from entering into marriage due to acute lack of space. It is further stated that they were the owners of the premises, having purchased it vide registered sale deed of 03.03.2003, and it was their sole residential accommodation property. Hence, on the ground of bonafide need the eviction petition was allowed.

(3.) In the leave to defend application, tenant had contended primarily, that landlord's ground of bonafide need lacked merit; they had sufficient alternate residential accommodation as the landlord owned two other properties i.e. property bearing No. 4426-27, Phatak Risaldar, Gali Shahtara, Ajmeri Gate, Delhi, being on an area of more than 100 square yards and another property bearing No. 4217, Gali Faizul Hasan, Gali Shahtara, Ajmeri Gate, Delhi on an area of more than 200 square yards. Therefore, the petition was filed mala fidely and only to harass the tenants. However, apart from the bald averments of ownership of these two properties, no documents were adduced by the tenant to show that the above said properties were owned by the landlord.