SURESH CHAND JAIN Vs. RAJESH JAIN

JUDGEMENT

(1.) AGGRIEVED by the order dated 03.05.2014 passed by the learned Additional Rent Controller in eviction petition filed by the petitioner under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (in short "the DRC Act") granting leave to defend to the respondent, the petitioner has preferred the present petition.

(2.) IN the eviction petition, the petitioner stated that he was the owner of the suit property No.3760,Gali Barna, Sadar Bazar, Delhi -110006 wherein one room, one kitchen, one garage and a toilet on the Ground Floor (in short 'the tenanted premises') were let out to the father of the respondent for residential purposes. Rest of the suit property 3760,Gali Barna, Sadar Bazar, Delhi -110006 is comprising of a garage up on the ground floor, which is used by the petitioner or his family for parking one car and one motor -cycle. First Floor of the suit premises consisting of one room, one kitchen and one bathroom was in occupation of one tenant against whom the petitioner has filed an eviction petition. The second floor of the suit property consists of two rooms and a toilet cum bathroom, out of which one room is being used by the second son of the petitioner Nitesh Jain with his wife and daughter for residential purpose and the second room by the petitioner as he deals in sale and purchase of shares. The petitioner is also owner of adjacent property No.3761, Gali Barna, Sadar Bazar, Delhi -110006 which also consists of Ground Floor, First Floor, Second Floor and a mumty and toilet cum bathroom on the Third Floor. On the Ground Floor of the property, one room, one toilet cum bathroom and covered veranda are being used by the youngest son of the petitioner Nitin Jain for residential purposes. The First Floor of the said property consists of one room, covered veranda and toilet cum bathroom built on the chajja. The room is being used as dining room and covered veranda is being used as a kitchen by the family of the petitioner. Second Floor of the said property consisting of one room, covered veranda and toilet cum bathroom is being used by the eldest son of the petitioner, his wife and two daughters, who are school going for the residential purposes. The petitioner and his wife use covered veranda on the second floor of the property for the residential purposes. The Third Floor of the said property consists of a mumty and toilet cum bathroom which mumty is being used for old household goods by the family.

(3.) IN the leave to defend application filed by the respondent, the relationship of landlord tenant has not been denied. It is stated that after the death of the father of the respondent, petitioner continued receiving rent from the deponent and at no point of time expressed any requirement of the premises. It is further stated that the petitioner has got sufficient accommodation in his occupation and is comfortably living in property No.3760 and 3761, Gali Barna, Sadar Bazar, Delhi -110006. A living room on the Ground Floor of the property No. 3760,Gali Barna, Sadar Bazar, Delhi -110006 has been converted into garage one year back. The petitioner has wrongly shown that there is a mumty in the Third Floor whereas there are two rooms on the third floor. These two rooms were in the tenancy of Shri Tara Chand Jain, who vacated twenty years back and since then, the petitioner has been in the occupation of these two rooms and toilet on the Third Floor. The rooms and verandah as described in property No. 3761, Gali Barna, Sadar Bazar, Delhi -110006 are disputed by the respondent. However, it is stated that the verandahs are being used by the petitioner as rooms and thus there was sufficient accommodation available. It is further stated that the petitioner is in occupation and is residing in Kothi No.1, Barakhamba Road, New Delhi which belongs to petitioner's brother who permanently resides abroad and that the third son of the petitioner, namely, Nitin Jain was residing at Jagat Puri and was carrying on business at Shop No.46, Jagat Puri. Thus, there was no bona fide requirement of the petitioner.