HARVINDER SINGH Vs. AFSAR KHAN

JUDGEMENT

(1.) By the present revision petition filed under section 25-B(8) of the Delhi Rent Control, Act, 1958 the petitioner seeks to impugn the order dated 5.10.2016 by which order the trial court while considering the application of the respondent seeking leave to defend dismissed the Eviction Petition.

(2.) The petitioner has filed the eviction petition under section 14(1)(e) of the DRC Act stating that the petitioner is the owner of the tenanted premises. It is stated that the elder son of the petitioner Shri Harmeet Singh who is pursuing Mechanical Engineering and was in the third year as on 18.1.2014, has made up his mind to start his own profession from the tenanted premises. Hence, the Eviction Petition has been filed.

(3.) The ARC by the impugned order took up the application for leave to defend filed by the respondent. However, instead of adjudicating upon the said application it dismissed the Eviction Petition holding that it is a matter of common knowledge that the person who holds a degree in Mechanical Engineering is a human resource and not a professional. It also noted that in case such a person wants to work as a professional his nature of work has to be put forth ab initio. Hence, it concluded that the need raised is bogus. It also held that the person who holds a degree in engineering cannot be dependent on his father and that as understood in legal terms a major son who qualifies to be an engineer cannot be held to be dependent on his parents. Accordingly, the Eviction Petition was dismissed.