JUDGEMENT
MANMOHAN SINGH, J. -
(1.)THE present revision petition is filed by the petitioner under Section 25B (8) of the Delhi Rent Control Act (hereinafter referred to as "the Act") against the order and judgment dated 16th December 2011 passed by ARC
(Central), Tis Hazari Courts, Delhi, dismissing the leave to defend
application of the petitioner in respect of 3rd Floor of the property bearing
No.7 -A/8, Channa Market, Karol Bagh, New Delhi (hereinafter referred to
as "the tenanted premises"). A review application filed against the impugned
order was dismissed vide order dated 13th August, 2013.
(2.)THE brief facts are that the respondent filed an eviction petition under Section 14(1)(e) of the Act against the petitioner stating that the tenanted
premises i.e. one room and bath on sharing basis situated on the third floor
of property bearing No.7 -A/8, Channa Market, Karol Bagh, New Delhi, was
let out to the petitioner. The said property had been purchased by the
respondent vide sale deed dated 20th September, 2004 from the erstwhile
owner. The respondent and her husband had been tenant in certain portions
of the property.
The family of the son of the respondent is residing in a tenanted property in a separate building and is paying the rent. The space available
at present with the respondent is not sufficient to meet the minimum
requirement of the son. As the said portion does not have bathroom, the
respondent needs demised premises to meet the requirement of the family
members of her son who is living in a tenanted property. It was also stated
in the petition that the petitioner is having residential property in Brampuri
of his own which has been given by him on rent. The said fact has not been
denied by the petitioner in his reply to the notice issued to him.
(3.)IT was stated in the petition that the demised tenanted premises is being used by the petitioner for illegal purpose besides residential purpose as
despite of requests, he had been using the premises for preparing pirated
CDs which are being sold at his shop. There were complaints to this effect
that he had been making unauthorized copies of the prohibited films. The
said illegal and unauthorized activities can attract police raid which may
bring bad name to the property as well as to the respondent. Thus, the
eviction petition was filed.
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