NISAR AHMAD Vs. MOHD GULZAR

JUDGEMENT

(1.) The petitioner/tenant and the respondent/landlord happen to be brothers. The petitioner is residing in one room, one dalan, chhajja, kitchen, latrine and open court yard on the ground floor of property No.393, Ward No.IX, Chitla Gate, Gali Garhiya, Chawri Bazaar, Delhi. The respondent filed an eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the said Act) on ground of bonafide requirement of the suit property.

(2.) The property is stated to have been purchased from the previous owner Shrimati Roop Rani by a registered Sale Deed dated 20.10.1993 and is stated to have been let out for residential purposes and used as such. The respondent claims bonafide use for his residence on account of shortage of accommodation, as his family consist of the petitioner himself, his wife, two major sons and three daughters and that they have only one room, open terrace and latrine on the first floor of the property. The marriages of the children were stated to be held up due to paucity of accommodation and the respondent claimed that no other suitable residential accommodation was available to him.

(3.) The petitioner sought leave to contest the petition claiming that the respondent was not the owner and the suit premises were let out by the custodian to the predecessor-in-interest of the petitioner. There was some dispute about the rent and therefore the petitioner was depositing the rent in Court and subsequently on the respondent claiming right in the property the rent was tendered to him. The petitioner stated that premises were also being used for commercial purposes and he was manufacturing candles, ashtray, lamp, baby jugs, etc. The petitioner was also alleged to have licence to run commercial activities in the suit property.