MAYA Vs. SHYAM SUNDER & ANR

JUDGEMENT

(1.) The revision petition at hand challenges judgment dated 21.03.2016 of the rent controller on the eviction petition (E. No.95/2013) which was instituted by the respondents against the petitioner on 31.05.2012 on the ground of bona fide need invoking the provision contained in Section 14 (1)(e) of the Delhi Rent Control Act, 1958, the proceedings arising wherefrom are governed by the procedure envisaged in Section 25-B of the Delhi Rent Control Act, 1958. The eviction petition had sought relief in respect of the premises described as one room, kitchen and bath room comprised in total area of 62 sq. yds., forming part of the premises at first floor of property bearing municipal No.292-293, Krishna Gali, Chhota Bazar, Kashmere Gate, Delhi (hereinafter referred to as "the tenanted premises)" as specifically shown in the site plan submitted with the petition.

(2.) It may be mentioned here that on the application of the petitioner initially moved she was granted leave to defend, by order dated 207.2013, where-after she submitted written statement dated 29.08.2013 setting up her defences. After the pleadings had been completed the case was put to trial by the rent controller at which stage both sides led evidence, the first respondent (the first plaintiff) having appeared as his own witness (as PW-1), also examining his nephew Anil Jindal son of Late Shri Moti Ram (PW-2). On the other hand, the petitioner herein examined herself (as RW1), she also examining her sons Naveen (PW2) and Vikas Kumar (PW3).

(3.) The rent controller accepted the case of the respondents returning findings that they are the owner-cum-landlord qua the petitioner in respect of the tenanted premises. He also held that the respondents are in bona fide need of the tenanted premises for residential use of their children and other members of the family, the accommodation available in the remaining portion of the property being not sufficient for such purposes.