RAM BABU SHARMA Vs. NARAINI DEVI SHARMA

JUDGEMENT

(1.) THE petitioner has assailed an order dated 6. 10. 2007 passed by the learned Additional Rent Controller dismissing an application of the petitioner under Section 25-B read with Section 14 (1) (e) of Delhi Rent Control Act seeking leave to defend.

(2.) THE relationship of landlord-tenant and ownership of the landlady/respondent were not disputed. The petitioner, however, disputed letting purpose alleging that the premises was let out for residential-cum-commercial purpose. However, in view of judgment of the Hon"ble Supreme Court in Satyawati Sharma v. Union of India 2008 (5) SCC 287 this plea is no longer available to the petitioner.

(3.) THE petitioner also disputed the bona fide requirement of the landlady. It is undisputed that the landlady was living in a part of the premises with her husband, two married sons and grandchildren. The learned ARC considered that the landlady required 03 bedrooms for 03 couples viz. herself, and her husband and her two married sons. She had 05 granddaughters aged between 15-22 years and 03 grandsons aged between 14-20 years, thus the total size of the family of the landlady living with her was 14 persons. She required minimum 04 bedrooms for her grown up 05 granddaughters and 03 grandsons. Therefore, her bare minimum requirement of bedrooms was 07. Her other two married sons were living separate from her although she had stated that they too also wanted to shift. One guest room was required for visitors. She also required one drawing-cum-dining and one study room, thus the total requirement of rooms was 10 habitable rooms having at least 100 sq. feet of area.