GOPAL KRISHNA SAWHNEY Vs. VINOD KUMAR

JUDGEMENT

(1.) This revision petition is filed under section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "DRC Act") to impugn the order of eviction dated 20.5.2016 passed by the Additional Rent Controller (hereinafter referred to as "the ARC").

(2.) The respondent/landlord filed an eviction petition against the tenant/petitioner under section 14(1)(e) read with section 25B of the DRC Act seeking eviction of the premises 308/12 Shahzada Bagh, Old Rohtak Road, Delhi comprising of three rooms, kitchen, toilet, bathroom with small courtyard on the ground floor. It was pleaded in the Eviction Petition that the premises was let out to the petitioner/tenant by the previous owner Shri Lachman Singh by an oral agreement for residential purposes only and the nature of premises is also residential. The respondent purchased the property vide sale deed dated 21.11.1997. It was also pleaded that the respondent/landlord is residing in Rohini with his sister in a flat owned by her. Further, it was stated that the sister had asked the respondent to vacate the premises and that the respondent does not own any other property other than another property being 308/11, Shahzada Bagh, Old Rohtak Road, Delhi which is on rent to one Shri Bhupinder Singh Grewal. It was also pleaded that the respondent is not married on account of non-availability of accommodation.

(3.) The petitioner/tenant filed his application for leave to defend. The ARC vide his order dated 12.12.2005 noted that the issue as to whether the tenanted premises was let out for commercial purposes is an issue which will have to be gone into at the time of trial. Hence, leave to defend was granted to the petitioner. The petitioner thereafter filed his written statement.