B BANERJEE Vs. ROMESH MAHAJAN

JUDGEMENT

(1.) . The petition for eviction was filed by Mr.Romesh Mahajan against the present petitioner from the premises bearing No.8-A/99, Western Extension Area, Karol Bagh, New Delhi under Section 14(1 )(e) read with Section 25-B of the Delhi Rent Control Act (hereinafter called the Act). The ground taken in the petition was that the premises in question was required bonafide by the landlord owner for his use as he was to vacate the tenanted premises in his occupation. He wanted to occupy his own house.

(2.) . On notice being served, the tenant (petitioner herein) filed an application seeking leave to defend, inter alia, on the ground that the Mr.Romesh Mahajan was neither the owner nor the landlord of the premises. Property vested with Delhi Land & Finance Limited or Bombay Life Insurance Company Limited. The father of the respondent herein was simply a lessee and as per the terms of the lease the property belonged to the lessor or vendor and not 'to the lessee. Moreover, original lessee was the father of Mr.Romesh Mahajan. Respondent herein asserted his right on the property as per the 'Will'. But the said 'Will' had not been produced hence respondent herein (petitioner before the Trial Court) had no right over the property. The premises was let out for residential-cum-commercial purpose.The present petitioner was giving coaching of music and his wife imparting teaching of dancing to various boys and girls in the premises in question. Finally, Mr.Romesh Mahajan was entitled to rent free accommodation from his employer. He in fact was residing in such an accommodation, therefore, did not require the premises for his bonafide use.

(3.) . These averments were not only denied by the landlord owner but proved to be wrong. The Trial Court after scrutinising their affidavits and documents annexed with it and after hearing the parties declined to grant leave to the tenant vide its order dated 8th March,1995.