MAHENDER TIWARI Vs. ISHWARI PRASAD NIGAM

JUDGEMENT

(1.) THE petitioner by way of the present petition under Section 25B(8) of Delhi Rent Control Act (hereinafter referred to as "the Act") assails the eviction order dated 14th February 2011 passed by the court of Senior Civil Judge -cum -Rent Controller, Karkardooma Courts, Delhi.

(2.) BRIEF facts of the case are that the respondent herein filed an eviction petition against the petitioner alleging bonafide requirement for the purpose of residence for himself and his family members in respect of the tenanted shop i.e. Shop no. 1, measuring 2'6" x 5'6", in the property no. B -254, Gali No. 11, Bhajanpura, Delhi -53 (hereinafter referred to as "the suit property"). It was stated in the petition that that respondent is an old person, aged about 76 years (at the time of filing of the eviction petition) and due to ill health requires assistance of his children, however, accommodation available with him was not sufficient to accommodate them. The family of the respondent consisted of himself, his wife (who is suffering from various old age diseases) and four married sons and grandchildren. While three married sons of the respondent were living with him at the time of filing of the eviction petition, the fourth son was living on rent after his marriage due to lack of accommodation. It was averred that the respondent was facing difficulty to accommodate sixteen family members and the guests visiting him.

(3.) THE petitioner herein moved an application for leave to defend and stated that the tenanted shop is under the staircase in which the petitioner is running his electrical shop and the said shop cannot be used for residential purpose. The tenanted shop is so small that it cannot be used either for bedroom, drawing room, study room or as a room for guests. It was contended that that there was a matrimonial dispute between one of the petitioner's son Akash and his wife who is not interested in living with the joint family and as such, they started living in separate rented accommodation.