SHIV NATH SINGH Vs. PIYARE LAL SHARMA

JUDGEMENT

(1.) . This revision petition under Sec. 25-B(8) of the Delhi Rent Control Act, 1958 is directed against the order of Shri J.D. Kapoor, 6th Addl. Rent Controller, Delhi dated 14th October, 1977 by which leave was refused to the petitioner-tenant to contest the application of the respondent-landlord on the ground of personal bona flde necessity. The landlord brought on 21st May, 1977 an application under Section 14(1)(e) of the Delhi Rent Control Act' 1958 (thereinafter referred as the 'Act') for eviction of Dr. Shiv Nath Singh, tenant from premises comprising two rooms and one verandah at 3886, Imli Basti, Gali Barna, Sadar Bazar, Delhi. The tenant filed an application for leave to appear and contest the petition and filed a detailed affidavit disclosing the facts on the basis of which leave contest was sought. Affidavit was filed by the landlord in opposition to the application of the tenant for leave to appear and defend. The Additional Rent Controller. Delhi notices in the impugned judgment that the learned counsel for the tenant contended that there are sufficient grounds, and facts disclosed by the tenant accompanied by an affidavit that would disentitle the landlord from recovering the possession of the premises in question. The objections raised were then formulated as under :- "1. that the petitioner is not the owner of the premises in question:

(2.) . that the purpose of letting was for medical clinic and not for residence; and

(3.) . that the requirement of the premises in question is not bona fide us the petitioner has possession of two other vacant premises.