VIJAY KUMAR ARORA Vs. TILAK RAJ CHADHA

JUDGEMENT

(1.) The matter had earlier been listed for 6th December, 2017. However, on the application (CM No.42417/2017) of the respondent, it has come up today. With the consent of learned counsel on both sides, the date of hearing is advanced and the matter is taken up for hearing.

(2.) The petitioner herein is admittedly a tenant in the suit premises described as shop No.143, Desh Bandhu Gupta Market, Karol Bagh, New Delhi-05 as shown in colour red in the site plan annexed to the application. A case for eviction (E-213/17/12) was instituted against him by the respondent (landlord) on 28.05.2012 on the ground of bona fide need under Section 14(1)(e) of the Delhi Rent Control Act, 1958. Upon being served with the said summons, in terms of the procedure envisaged under Section 25-B of Delhi Rent Control Act, 1958, he filed an application before the Additional Rent Controller seeking leave to defend. The said application was considered by the Additional Rent Controller by order dated 22.04.2017 such leave having been denied, it resulting in an order of eviction being passed, the same is challenged by him through the petition at hand.

(3.) The ground on which the petitioner sought the leave to contest in the eviction proceedings taken out by the respondent was that he (respondent) had available to him, alternative accommodation for the purposes of setting up his son in his independent business, reference being made in this context to two specific premises, one in property bearing No.4/54/55, Saraswati Marg, WEA, Karol Bagh, New Delhi and the other in premises No.C-1/5, Tibia College, Karol Bagh, New Delhi. The Rent Controller rejected the reference to both the said premises holding that they cannot be said to be available as suitable alternative accommodation.