DEEPAK GUPTA Vs. RAGHUBIR KAUR

JUDGEMENT

(1.) THIS is a revision petition filed by the petitioner against the order dated 05.02.2015 by virtue of which the leave to defend of the petitioner -tenant has been dismissed and an order of eviction has been passed in respect of a shop measuring 8 x 13.5 ft. forming part of property No. 2235/66, Naiwala, Karol Bagh, New Delhi.

(2.) THE learned counsel for the petitioner -tenant has urged three points. First point which has been urged by the petitioner -tenant is that the petitioner was given a notice on 25.04.2011 by the respondent - landlord for payment of rent which he allegedly was in arrears. It has been stated that this notice was replied by the petitioner in the month of June, 2011 itself. It has been further stated that immediately after expiry of two months or so, instead of filing a petition for recovery of rent, the present petition for eviction on the ground of bonafide requirement was filed and therefore, this petition is not a bonafide petition seeking eviction of the petitioner.

(3.) LAST but not the least it has been contended that so far as the daughter -in -law is concerned, she cannot be treated to be dependent on the respondent Raghubir Kaur, mother -in -law for the purpose of accommodation and accordingly the present petition ought not to have been allowed and a leave to defend application of the petitioner should have been allowed and leave be granted to contest the eviction petition.