NIHAL SINGH Vs. YOGESH KUMAR NEHRA

JUDGEMENT

(1.) BY this Revision Petition, the petitioner has challenged the order of learned ARC dated 25th April, 2008, whereby the application for leave to defend filed by the petitioner under Section 25b of Delhi Rent Control Act was dismissed.

(2.) THE respondent had filed an Eviction Petition before ARC on the grounds of bonafide requirement. His family consisted of his wife, a grown up son of marriageable age, a married daughter who often visited him. His wife was suffering from several diseases and had been advised to live on ground floor. The accommodation in his possession was one room and a covered varandah on first floor. The remaining portion of the property was in possession of different tenants. The defendant/petitioner disputed the claim of the landlord and claimed that there were 3 rooms in the first floor and a big room on the second floor available to the landlord and this accommodation was sufficient to meet the requirements of landlord. It was contended that a room on the ground floor was let out to a new tenant after vacation by the previous tenant only, six months prior to the litigation.

(3.) THE petitioner prayed for leave to defend on these grounds. In the counter affidavit, respondent/landlord placed on record the sale deed of the property and relied upon the site plan. He denied that a new tenant was inducted at the ground floor but stated that one Tilak Ram was the earlier tenant, who died and his nephew, who used to live in the premises along with tilak Ram, continued in possession of the premises. No new tenancy was created. The respondent/landlord had started issuing rent receipts in favour of the nephew of Tilak Ram.