MOHD CHAMAN Vs. MOHD ATIQUR REHMAN

JUDGEMENT

(1.) On the eviction petition (E.No.71/2009) instituted by the respondent joining with one Mohd. Naseem (since deceased and consequently deleted from the array), by judgment dated 08.12.2010, the Additional Rent Controller (ARC) passed an order of eviction in his favour and against the petitioner on the ground of bona fide need under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 in respect of the premises described as property bearing No.1218, Gali Mahal Sarai, Haweli Hissamuddin Haider, Punjabi Phatak, Ballimaran, Delhi-110006, as specifically shown in colour red in the site plan filed therewith. It is the said order the correctness, legality and propriety whereof is challenged by the petition at hand.

(2.) The eviction order was originally presented also making allegations about the subletting of the tenanted premises by the petitioner (concededly the tenant) but at the very inception the said ground was withdrawn and, therefore, the petition was pressed only on the ground under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 and the special procedure under Section 25-B of the Delhi Rent Control Act, 1958 invoked.

(3.) Upon the petitioner appearing in response to the summons, he submitted application for leave to defend which was allowed by order dated 15.11.2007. He, thereafter, filed written statement and on the basis of pleadings that came on record the case was put to trial, in the course of which evidence was led by both sides. The ARC found, by the impugned judgment, that the respondent had proved that he was not only the landlord in relation to the petitioner in respect of tenanted premises but also the owner of the subject property. He also found that the respondent had proved that he bona fide requires the tenanted premises for residence of self and members of his family dependent upon him for such purposes and that he did not have any other suitable alternative accommodation, such finding eventually leading to the eviction order being granted, as prayed.