TEJ PAL GUPTA Vs. RATTAN SINGH

JUDGEMENT

(1.) PRESENT revision petition has been filed by petitioner/tenant under Section 25b (8) of Delhi Rent Control Act, 1958 challenging the eviction order dated 04th July, 2005.

(2.) WHEN I had taken up the matter for hearing on 13th February, 2009, learned counsel for petitioner vehemently argued that property No. 4251, Mohalla Jatan, pahari Dhiraj, Delhi-110006 was an alternative residential property available to respondent/landlord for residential use and occupation. In this connection, petitioner's counsel drew my attention to annexure P-R8 which according to him showed that respondent had been paying house tax for the said property. Even r. C. R. No. 142/2005 Page 1 of 7 though I did not find mention of property no. 4251, Mohalla Jatan, Pahari Dhiraj, Delhi-110006 in the petitioner's leave to defend application, in the interest of justice, I asked respondent to file a response thereto.

(3.) RESPONDENT herein filed a detailed affidavit wherein he specifically averred that neither he nor any of his family members or relative have any right, title, interest or possession of house No. 4251, Mohalla Jatan, Pahari Dhiraj, delhi-110006. In the said affidavit, it was further stated that the said house was initially occupied by petitioner's brother-in-law as a tenant and petitioner had stayed in the said property when he was a minor. In the said affidavit, it was also stated that respondent's brother-in-law had vacated the said premises in and around the year 1955 and the said property was no longer available to him.