RAM ABHILAKH Vs. RAM PHAL TYAGI

JUDGEMENT

(1.) This revision petition is filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 impugning the judgment of the Additional Rent Controller dated 6.5.2014, by which the leave to defend application filed by the petitioner/tenant has been dismissed and eviction has been ordered from the tenanted premises comprising of one room admeasuring 10X9 ft. being used as godown and one shop admeasuring 9X3ft. in front in the property bearing no. WZ-80, Basai Darapur, New Delhi-15 as shown in red colour in the site plan attached with eviction petition .

(2.) Respondent/landlord filed the eviction petition on the ground that his family besides himself consists of his wife, four daughters and two sons. One son had already expired in 2006 and the three daughters were married. The second son of the petitioner is unemployed. The respondent/landlord is also unemployed because he was previously working in DTC and he had retired in 2005. Respondent/landlord is not getting any pension from DTC. Respondent/landlord therefore required the suit tenanted premises bonafidely for carrying on business of a property-dealer.

(3.) The application for leave to defend was filed by the petitioner/ tenant and in which essentially two main aspects were urged, and which are also the aspects which have been argued before this Court. The first aspect which is argued is that the respondent/landlord is already having his residential premises of 55 sq. yds in house no. WZ-89, Basai Darapur, New Delhi, and which is said to be an alternative accommodation. The second aspect and another alternative accommodation is said to be a shop adjacent to the suit tenanted premises and which according to the petitioner was let out in the year 2012, showing that there was no bonafide need of the respondent/landlord.