BACHAN SINGH Vs. KHEM CHAND

JUDGEMENT

(1.) This judgment will also dispose of civil revision (R) No. 1074 of 1985 as the point involved in both the cases is the same and the petitioner is also the same. The difference is only to the extent that in both these cases the tenants are different.

(2.) The petitioner-owner filed two petitions under sections 14(l)(e) read with section 25B of the Delhi Rent Control Act for eviction of the tenants. Both the tenants are occupying one room and one kitchen each on the ground floor of the premises in question. The bona fide requirements as stated in paragraph 18(a) of the petition are, as under :

(3.) Summons in the prescribed form were issued to the tenants. In spite of service, no appearance was put in and consequently no application for leave to defend was filed. In spite of that the learned Additional Rent Controller went into the facts of the case and held that according to the plan filed, there were more rooms in the house and it had not been explained as to how the said rooms were being used. Consequently he held that the requirements were not bona fide and dismissed the petition. This order is clearly contrary to the statutory provisions existing in section 25B(4) of the Act, which reads as under: