ANARO DEVI Vs. LALITA

JUDGEMENT

(1.) BY this petition under Section 25(B) (8) of the Delhi Rent Control Act (for short, "the DRC Act"), 1958, the petitioner has assailed the judgment dated 28th March 2008 passed by learned ARC whereby an eviction petition under Section 14(1) (e) read with Section 25(B) of the DRC Act filed by the landlord was allowed and an eviction order was passed against the petitioner qua tenanted premises bearing No. 2839, First Floor, Gali Rajputana, Subzi Mandi, Delhi-110007 and the application of the petitioner under Section 25(B) for leave to defend was dismissed.

(2.) THE petitioner in her application for leave to defend challenged the relationship of landlords and tenant, the ownership of the landlady and also disputed the bonafide requirement of the landlord and took a plea that the landlord was living in the property bearing No. 2821, Gali Rajputana, Subzi Mandi, Delhi-110007, which was sufficient for her needs.

(3.) THE tenant contended that the property in question was owned by Kashmere Lal and his father Bhagwas Dass had nothing to do with the property. It was Kashmere Lal under whom her predecessor was the original tenant. The family partition, pleaded by the landlady, was a fake partition since Bhagwan Dass had nothing to do with the property in question. It was also contended that after death of Kashmere Lal he had been paying rent to his son Harshvardhan, who accepted the rent paid up to May 2004 and thereafter refused to accept the rent despite sending of money orders.