JASPAL SINGH BHATIA Vs. SANGEETA CHAWLA

JUDGEMENT

(1.) THIS revision petition has been preferred by the petitioner against the order of Additional Rent Controller, Rohini, Delhi dated 12. 3. 2008 whereby she dismissed the application filed by the petitioner for leave to contest the eviction petition.

(2.) THE respondent has sought the eviction of the petitioner under section 14 (1) (e) of the Delhi Rent Control Act on the ground that she was residing in Ballabgarh (Haryana) along with her husband, one son, Robin and daughter Priyanka Chawla. She pleaded that her daughter got admission in B. Com (H) in Shaheed Bhagat Singh College, University of Delhi in July 2007 in the academy of Commerce, South Patel Nagar, Delhi and she required premises in delhi, under the tenancy of the petitioner, for her bonafide need to shift to delhi so that her daughter could pursue the studies at Delhi. She also pleaded that her other son got admission in an Engineering College in Gurgaon and it would be convenient for him to go to his College from Delhi instead of going from Ballabgarh. She therefore wanted the premises in occupation of the petitioner due to her bonafide needs.

(3.) THE stand of the petitioner in the application under section 25-B (4) of the Act was that the petitioner (respondent herein) was neither owner nor landlady of the premises and the original owner was one late Shri Parmanand who died issueless and intestate. Petitioner wrongfully got her name mutated in the office of Landdo as successor-in-interest of deceased Parmanand claiming herself to be his daughter. The other ground taken was that since the transfer of property in the name of petitioner five years had not yet elapsed, the petition was barred by virtue of section 14 (6) of the Act. On the issue of bonafide need, it was stated that it was easier for daughter of petitioner to go to her College in Delhi from Ballabgarh, then to go from Moti Nagar where the premises is situated.