P C GUPTA Vs. K S GUPTA

JUDGEMENT

(1.) This petition seeks to challenge the order of the Additional Rent Controller, Delhi dated 05.11.1999 where by the learned Rent Controller has allowed the petition under Section 14 of the DRA Act.

(2.) The brief facts of the case as have been set down by the Rent Controller are :-

(3.) It is contented by learned counsel for the petitioner that the petitioner had in his affidavit stated that the respondent herein has various accommodations available to him and that his need was not bona fide. He contents that the order of the Supreme Court has not limited defence only to room vacated but to the entire bona fides of the respondent. He further submits that the family of the respondent consists of only himself, his wife and that his son is not dependent upon him for his residence. Consequently having acquired accommodation he does not require the present accommodation bona fide for his use. Learned counsel for the respondent contents that the leave to defend by the Supreme Court was limited to whether the possession of another portion of the premises from his tenant Mr.J.K.Jain was sufficient to meet the needs of the landlord, petitioner. He contents that it is not open to enlarge the scope of the enquiry.