MANMOHAN SINGH,J. - (1.)THE petitioner has filed the present petition under Section 25 -B(9) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the "DRC Act") against the judgment dated 16th August, 2012 passed by the Addl. Rent Controller in eviction application bearing No.E -68/11 by which the application filed by the petitioner (respondent in the eviction petition) for leave to defend was dismissed.
(2.)BRIEF facts which are necessary to decide the present petition are that the respondent Smt.Raj Rani Aggarwal filed an application for eviction under Section 14(1)(e) read with Section 25B of the DRC Act on the following grounds: -
(a) The respondent and her husband had let out the premises, i.e. bearing No.609, Gagan Deep Building, Rajendra Place, New Delhi, as shown in red colour in the site plan attached with the application (hereinafter referred to as the "Tenanted Premises") and left India in the middle of 1978. The petitioner used to deposit the rent in the account of the respondent. The husband of the respondent, Sh.S.N.Aggarwal is Chartered Accountant (C.A.) and Company Secretary (C.S.) from his profession. Now, the respondent and her husband came back to India permanently about 4 years back. The husband of the respondent wants to set up his own office at Delhi for the practice of C.A. and to do other activities for the livelihood of the respondent and her husband. (b) The respondent is not having any other place to start the professional activities by her husband. The tenanted premises is let out for non - residential purpose to the petitioner and is required bonafidely by the respondent for the start of the office of practicing the C.A. work and to do other commercial activities by the respondents husband who is not having any other reasonable or suitable accommodation to start the said practice and other commercial activities.

The prayer was made in the eviction application that the eviction order be passed against the petitioner in respect of the tenanted premises detailed above.

(3.)THE petitioner/tenant filed the application under Section 25 -B(4) and (5) of the DRC Act, seeking leave to defend the case, mainly, on the grounds that the respondent is not the owner of the tenanted premises. The same belong to DDA who has granted the lease to the owner of the property, i.e. in favour of Punjab Properties. The allotment of the same was cancelled and the property has been reverted back to the DDA. The proceedings under the relevant provisions of the Public Premises (Eviction of Unauthorized Occupants) Act are pending. Thus, the petition is liable to be dismissed.