RAJ BAHADUR BAWEJA Vs. NARENDER SINGH SAHNI

JUDGEMENT

(1.) The petitioner through the present revision petition has taken exception to an order dated February 6,1995 passed by the Additional Rent Controller, Delhi, whereby he dismissed the application for leave to defend moved by him under Section 25B of the Delhi Rent Control Act,1958 (hereinafter referred to as the Act for the sake of convenience) and passed an order of eviction in respect of the premises in occupation of the petitioner shown by red colour in the site plan Ex. CA annexed with the petition.

(2.) Brief facts which gave rise to the present petition are being stated in order to facilitate the disposal of the present revision petition. The respondent herein i.e. Shri Narinder Singh Sahni brought, forward a petition for eviction before the Rent Controller, Delhi against the petitioner and respondent No. 2 on the following grounds: that he was owner and landlord of the premises bearing No. 267/2, Street No. 2, Joshi Road, KarolBagh, Delhi. A portion of the said premises, the details whereof have been given in para 8 of the eviction petition, is in occupation of the petitioner/tenant (hereinafter referred to as the petitioner for the sake of brevity) on a monthly rent of Rs. 28.00 excluding water and electricity charges. The respondent/landlord required the tenanted accommodation (hereinafter referred to as the disputed premises in order to facilitate the reference) for his own use and occupation bonafide and that of his family members.

(3.) The petitioner thereupon moved an application under Section 25B(5) of the Act for grant of leave to contest the said petition for eviction supported by an affidavit. The learned lower Court after hearing Counsel for both the parties and after examining the facts as disdosed through the said affidavit came to the conclusion that the petitioner failed to make out a case under Section 25B of the Act. Hence he rejected the said application for leave to defend and passed an order for eviction from the disputed premises.