RAGHBIR CHAND DHAWAN Vs. VIJAY KUMAR

JUDGEMENT

(1.) BY this petition, the petitioner has assailed the order dated 22. 4. 2008 passed by the learned ARC whereby an application under Section 25-B of the DRC Act seeking leave to defend was dismissed and eviction order was passed.

(2.) THE eviction petition was instituted by Mr. Krishan Kumar Singh, owner of the suit premises. The premises was under the tenancy of the respondent for residential purpose at the monthly rent of Rs. 300/ -. Mr. Krishan kumar Singh was living in UK and he filed a petition on the ground of bona fide requirement stating that he used to visit Delhi every year to meet his elder son vijay Singh and other relatives and family members. His son Vijay Singh had no accommodation of his own in Delhi and was living in an accommodation provided to his wife by Hindu College, Delhi University where she was teaching. Vijay singh"s wife was to retire in January, 2006 and thereafter Vijay Singh and his wife would have no accommodation to live in. The family of the Vijay Singh consisted of his wife and an unmarried grown-up daughter. He therefore required the suit premises bona fidely, since on his visit to India he would have no premises to stay at and the premises was also required bona fidely for the requirement of his son with whom he used to stay whenever he came from UK to india. A leave to defend was filed challenging the bona fide requirement of Mr. Krishan Kumar Singh taking the stand that Mr. Krishan Kumar Singh being a citizen of UK had no intention to come to India and whenever he visited India, he used to live with other family members. It was also stated that the requirement of Vijay Singh cannot be considered as a bona fide requirement, since he was not dependant on Mr. Krishan Kumar Singh.

(3.) DURING pendency of the petition, Mr. Krishan Kr. Singh expired and his legal heirs (LRs) viz. Vijay Singh (son), Arun Singh (son) and daughter nalini were brought on record. The petition became a petition for bona fide requirement of his son Vijay Singh, who was residing along with his wife and daughter in the accommodation, which was provided to his wife by her college. She also got an extension of three years and is now due to retire in January, 2009.