SWAPAN KUMAR MANDAL Vs. DHOLA DEVI @ DHAWALA DEVI

JUDGEMENT

(1.) The present revision petition was filed questioning the correctness, legality and propriety of the order dated 02.07.2012 passed by the additional rent controller (ARC) on the file of eviction case (17/2011) of the respondent (concededly, the landlady) instituted on 09.08.2011 seeking an order against the petitioner (concededly, the tenant) under Section 14-D of the Delhi Rent Control Act, 1958 on the ground of her bona fide need for accommodating her daughter Anju and her family, she requiring their presence around her in her old age, she also being a widow. The petitioner had submitted an application for leave to contest under Section 25-B of the Delhi Rent Control Act, 1958, which was dismissed by the ARC and resultantly the eviction order was passed on 02.07.2012.

(2.) One of the prime contentions urged by the petitioner in his application for leave to contest was that the respondent-landlady does not have any child of her own and that the facts concerning her daughter Anju have been fabricated. The learned ARC, however, was not impressed with these submissions on the basis of available material indicating the said person named Anju to be an adopted daughter of the respondent and her late husband Ram Karan.

(3.) But, another contention which was urged by the petitioner was that the landlady has available to her sufficient accommodation, she having not disclosed that there are eighteen other tenants in various portions of the property in question.