NOOR HASSAN Vs. ABDUL HAMID ALIAS MEDO

JUDGEMENT

(1.) This revision petition is directed against the order of eviction dated 4th January, 1983 passed by an Additional Rent Controller against the petitioner on the ground of bonafide personal necessity of the respondent falling under Clause (e) of proviso to Section 14(1) of Delhi Rent Control Act (for short 'the Act').

(2.) The undisputed facts of the case are that the respondent landlord filed an eviction petition against the petitioner under Clause (e) of proviso to Section 14(1) read with Section 25B of the Act for eviction of the petitioner on the ground that he being owner landlord required the demised premises in question as residence for himself and members of his family. He inter alia averred that the premises in question had been let to the petitioner for residential purpose only. After service of summons in the prescribed form the petitioner made an application under Sub-section (4) of Section 25B of the Act for leave to defend. It was supported by an affidavit sworn by the petitioner. He sought leave on three grounds viz. (a) that the premises in question had been let for commereial-cum-residential purposes by its erstwhile owner Smt. Rafiqan and as such he had been manufacturing card boxes find umbrella therein since 1930; (b) he was tenant Under Smt. Rafiqan and as such relationship of landlord and tenant did riot exist between the respondent and the petitioner who was not the owner of the property in question and (c) that the respondent had sufficient reasonably suitable residential accomodation with him at House No. 7271, Mohalla Qasabpura Where he was residing with his family.

(3.) The application for leave to defend was vehemently opposed by the respondent. However, vide order dated 29th September, 1981 the Additional Rent Controller granted limited leave to the petitioner to contest the eviction petition. Leave was restrieted to ground (c) only. Thus the parties went on trial on point (c) alone.