MOHAN GUPTA Vs. B K NAGPAL & ANR

JUDGEMENT

(1.) This is a revision petition filed by the petitioner against the order dated 31.1.2015 by virtue of which leave to defend of the petitioner was dismissed on the ground that it does not involve any triable issue and that the petitioner has not been able to show that the premises in question are required for mala fide needs by the respondent.

(2.) I have heard learned counsel for the petitioner and also gone through the impugned judgment.

(3.) Briefly stating the facts of the case are that the respondent herein is the owner and landlord in respect of the ground floor of property No.E-116, Ground Floor, East of Kailash, Delhi having purchased the same from the previous owner one Sushila Malhotra. The ground floor of the said suit property which is situated in East of Kailash is in occupation of the present petitioner who was inducted as a tenant almost four decades back by Sushila Malhotra whilst the respondent landlord is in occupation of the first floor of the suit property. It has been averred in the eviction petition that the petitioner (respondent herein) is having a house in Faridabad having construction only on the ground floor consisting of three bedrooms, drawing-cum-dining room and other modern amenities. While as the premises in possession of respondent/landlord consists of one room, drawing-cum-dining and other modern amenities. It is further averred in the eviction petition that the petitioner's (respondent herein) family consists of two sons; one of them is married having wife and two children while the other son is of marriageable age. In addition to this, the petitioner (respondent herein) also has two married daughters who often stay with him and because of paucity of accommodation; he is not able to live comfortably and, therefore, eviction of the present petitioner/tenant was sought from the tenanted premises.