SHAHIDA BEGUM @ SHAHIDA BANO Vs. MOHD IQBAL KHAN

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 26th July, 2013 whereby the leave to defend application filed by the petitioner in an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short 'the DRC Act') was dismissed by the learned Additional Rent Controller.

(2.) IN the eviction petition, the respondent stated that he was the owner of the entire premises bearing No.6853/1, Ward No.XIV, Gali Atthare Wali, Ahata Kedara, Bara Hindu Rao, Delhi -110006. The respondent purchased the said property from its erstwhile owner Smt. Usha Rani Sharma, wife of Sh. Devendra Kumar Sharma and Sh. Surender Kumar Sharma, son of late Sh. Manphul Singh Sharma through a registered Sale Deed dated 28th July, 1998. The respondent was initially a tenant of Smt. Usha Rani Sharma and Sh. Surender Kumar Sharma through their General Power of Attorney and paid a rent of Rs.20/ - per month. After the purchase of the property, the respondent informed the petitioner about the fact of purchasing the property and the sale of tenanted premises but the petitioner never paid any rent to the respondent. The family of the respondent consisted of his wife and daughter aged 14 years studying in 10th standard. Besides this, the respondent had two married sisters who along with their children were dependant on the respondent. Residential accommodation available with the respondent was a room measuring 13 ft x 71/2 ft approximately with a small study room measuring 51/2 ft x 91/2 approximately, one store room of 5.8 ft x 71/2 approximately, small kitchen, latrine and bathroom with small courtyard totally measuring 50 sq yards on the first floor of the premises No.6853/1, Gali Atthare Wali, Ahata Kedara, Bara Hindu Rao, Delhi -110006, besides a small barsati room on the roof of the first floor of the premises.

(3.) THE respondent stated that he had no other reasonably suitable residential accommodation except the tenanted premises on the ground floor of the house mentioned above which had been let out for residential purposes. It was also pointed out that the respondent was owning a commercial property measuring 58 sq yards on the ground floor at 6745, Gali Chakki Wali, Ahata Kedara Bara Hindu Rao, Delhi -110006 which was used by him for his factory of plastic buckles and as godown, besides a commercial small space on rent at 6831, Ground Floor, Gali Chakki Wali, Ahata Kedara, Bara Hindu Rao, Delhi -110006 for which he was paying a rent @ Rs.250/ - per month. The respondent was facing unbearable hardships because of insufficient residential accommodation and thus the tenanted premises was required for his bona fide residential needs.