ABDUL HAMID Vs. QURESHIA BEGAM

JUDGEMENT

(1.) THIS revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') by the petitioner/tenant (respondent before the Additional Rent Controller) challenging the judgment dated 28.8.2012 by which the Additional Rent Controller has rejected the leave to defend application filed by the petitioner/tenant and has decreed the eviction petition with respect to the two tenanted premises one tenanted premises being one shop and the other tenanted premises being one room, both on the ground floor of the property bearing no.2192, Gali Nai Wali, Pahari Bhojla, Bazar Chitli Qabar, Delhi -6.

(2.) THE eviction petition for bonafide necessity was filed by the respondent/landlady on the ground that the shop in tenancy with the petitioner/tenant is required by her younger son, Ajmal Khan for carrying on his business since there are no commercial premises which are available to Ajmal Khan who wants to start his business for earning his living. Ajmal Khan, the younger son of the respondent/landlady, is residing on the second floor of the same property along with his family members. So far as the room in the tenancy of the petitioner, which is being used for residential purposes is concerned, the requirement of the same is stated to exist for the elder son of the respondent/landlady, Ashraf Khan, and with respect to whose residential need besides the tenanted room in question, another petition (being no.E -111/2011) for bonafide necessity was simultaneously decided by the Additional Rent Controller for the dalan (hall) on the ground floor which is in tenancy with the legal heirs of one other tenant Saeed Ahmed.

(3.) SO far as the aspect of relationship of landlord and tenant is concerned, the same was not disputed before the Additional Rent Controller, and is also not disputed before me. The disputes, really, pertain to existence of alternative suitable premises for the younger son, Ajmal Khan as regards a shop and a residential room/portion in the same premises for the elder son Ashraf Khan for his residential need.