BABU LAL Vs. NIRMALA DEVI

JUDGEMENT

(1.) The respondent had instituted a case (E. No.858/2014) on 23.05.2013 against the petitioner for eviction on the ground of bona fide need under Section 14 (1) (e) of Delhi Rent Control Act, 1958 in respect of a premises described as shop forming part of ground floor of property bearing No.16/605-E, Tank Road, Bapa Nagar, Karol Bagh, New Delhi-110005, as shown in colour red in the site plan filed with the eviction petition.

(2.) The petitioner does not dispute his status vis-'-vis the subject premises as that of a tenant. On being served with the summons under Section 25-B of Delhi Rent Control Act, 1958, he filed an application for leave to defend. The said application was considered by the additional rent controller, but dismissed by order dated 15.01.2015 in the consequence whereof an eviction order was granted in favour of the respondent. The petition at hand challenges the correctness, legality and propriety of the said order.

(3.) The prime contention on which the petitioner (tenant) seeks permission to contest is that the respondent (landlady) is not the owner of the subject property, there being no relationship of landlady and tenant between him and her. This contention must be rejected for the simple reason that in his application for leave to contest (particularly in para 3) he had pleaded that the respondent is not the "exclusive and only owner of the property in question", reference being made by him to two other legal heirs of late Shri Lekh Raj. It may be noted in this context that it is an admitted case of the parties that the property in question was originally owned by Shri Lekh Raj.