KAMLA SHARMA Vs. RAHUL GUPTA

JUDGEMENT

(1.) This revision petition is filed under section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) seeking to impugn the order dated 15.7.2015 by which the Additional Rent Controller (hereinafter referred to as the ARC) allowed the application of the respondent/tenant granting leave to defend. The petitioner/landlord has filed the present Eviction Petition for property being one room/godown on the ground floor in the property being No.116-A, Kamla Nagar, Delhi-110007. It is the contention of the petitioner that she is the owner/landlord of the said one room/godown on the ground floor which was let out 15 years back by Smt.Vishnu Devi, the mother in law of the petitioner. The petitioner is said to be living on the first floor in two rooms (with latrine, kitchen and bathroom) alongwith her son and daughter in law. The ground floor is said to comprise of one room/godown which is tenanted with the respondent. In second room another tenant Shri Pawan Kumar Gupta is in occupation. One room is in the basement where the third tenant Shri Varun Gupta is using it as a store. It is urged that the petitioner is 63 years old senior citizen and is finding it difficult to run her livelihood. The son of the petitioner is doing a private job and does not pay her money. The petitioner does stitching work in the open space available to her in the property. The petitioner is said to require the tenanted room on the ground floor for opening a tailoring/stitching shop. The petitioner and her family also require 5 rooms i.e. one for the petitioner, one for the son and daughter in law, one drawing room, one store room and one puja room for the petitioner. Hence, the eviction petition.

(2.) The ARC by the impugned order noted the submissions raised by the respondent in the leave to defend application as follows:-

(3.) The ARC by the impugned order noted that the relationship of landlord and tenant is not disputed by the respondent. The only contention raised was that the other LRs of Late Smt.Vishnu Devi had not been impleaded. It was noted that the plea is misconceived as the petitioner being a co-owner would be entitled to file an eviction petition.