Jayant Nath, J. - (1.)The present revision petition is filed under Section 25-B(8) of the Delhi Rent Control Act (hereinafter referred to as the 'DRC Act') seeking to impugn the order of the Additional Rent Controller (in short the 'ARC') by which the application for leave to defend filed by the petitioner was dismissed and an eviction order under Section 14(1)(e) of the DRC Act was passed.
(2.)The petitioner is the tenant of two rooms, two store rooms, one verandah and open terrace on the second floor of the property bearing No.4596/VI, First and Second Floor, Charkhewalan, Chawri Bazar, Delhi- 110 006.
(3.)The respondent (the landlord) filed the present eviction petition under Section 14(1)(e) of the DRC Act for personal bonafide requirement. It is also the allegation of the respondent in the eviction petition that the petitioner has sub-let portions of the premises to various business concerns, i.e. M/s A.R. Advertisers, M/s Classic Courier Services, M/s Graphic Touch Publishing Aids, M/s Classic Business Gallery and M/s Classic Trading Links Limited. The petitioner himself is said to have moved out and is residing in an accommodation owned by his wife and is living there with his family. The case of the respondent was that the property bearing Nos.4595/VI to 4602/VI, Charkhewalan, Chawri Bazar, Delhi was owned by late Sh.Har Prasad Mehra, grandfather of the respondent. It is averred that four rooms of property No.4595/VI on the first floor were let out to various tenants along with common use of the court yard for residential purposes. Similarly, the property Nos.3070/VI and 3072/VI are entirely commercial properties and the respondent does not have possession of the same. Property Nos.3059/VI and 3060/VI are shops on the ground floor and are under occupation of various tenants. First floor of the said properties consists of 1 drawing room, 1 bedroom, 1 study room, bath room, kitchen and 3 small stores and second floor consists 2 bedroom, 2 small stores, beside open terrace and a tin shed. The respondent along with his brother Sh.Pankaj Mehra was earlier living on the first and second floor of the said properties, i.e. property Nos.3059/VI and 3060/VI. However, given the fact that the children were growing and keeping in view the frequent fights over trivial issues, to maintain peace in the family and to avoid any deterioration of the situation, the respondent with his family shifted to a rented accommodation in a Flat No.4, Plot No.41, Prashant Apartment, Patpar Ganj, Delhi in July, 2010 at a monthly rent of Rs.13,500/-. Presently he is paying Rs.16,000/- per month. The respondent has two daughters aged 13 years and 8 years and they require separate rooms. The respondent requires one bedroom. The respondent has a married sister who often visits the house of the respondent and hence, at least one guest room is required. The respondent also requires one pooja room. Respondent requires in all one drawing-cum-dining room, four bed rooms and one pooja room, besides kitchen and bathroom for living in a reasonably comfortable manner. A portion of the property no. 4597/VI is said to be under occupation of Sh. Jagdish Seth, who is otherwise residing at his own residential house, namely Flat No.A-41/GF, Allahabad Bank Staff CGHS, Mayur Kunj, Mayur Vihar Phase-III, Delhi and the said premises are lying locked for many years. An eviction petition for the said premises is also said to have been filed.