Smt. Madhu Bala vs Sh. Prem Bahadur Saxena

V.B. Gupta, J.—Present petition u/s 25B(8) of the Delhi Control Act, 1958 (for short as ''Act'') has been filed on behalf of petitioner/tenant against order dated 13.5.2010 passed by Addl. Rent Controller, Delhi, vide which application of petitioner /tenant seeking leave to contest was dismissed and eviction order was passed in favour of respondent/landlord.

The brief facts are that respondent is landlord/sole owner of the property bearing No. A-5A/219, Janakpuri, Delhi, which is a double storeyed house. Ground floor is having one room, kitchen, toilet and bathroom. Similar accommodation is available on the first floor. The entire ground floor has been let out to the petitioner. Respondent is living in rented accommodation at F-48, Karampura, Delhi, which is owned by Sh. Girija Singh. Petitioner got retirement from the service in the year 2006 and wants to live in the premises in question. Despite several requests, petitioner has failed to vacate the premises.

In application for leave to contest filed by the petitioner, it is stated that respondent is already in possession of property bearing No. F-102, Karampura, Delhi as owner by way of adverse possession and has falsely asserted that he is a tenant in respect of this premises. Only intention of respondent is to increase the rent. He does not require the premises for his bonafide use, since he is having alternative accommodation in Karampura.

During course of arguments, learned Counsel for petitioner stated that there is no dispute with regard to relationship between the parties and the letting purpose.

Short question to be seen is as to whether requirement of respondent/ landlord is bonafide or not.

It is not in dispute that respondent has retired from the service in the year 2006.

Case of respondent is that he is living at F-48, Karampura, Delhi as a tenant. There is no denial of this fact on behalf of petitioner in her leave application.

On the other hand, case of petitioner is that respondent is living at F-102, Karampura, Delhi and respondent has become owner of F-102, Karmapura by adverse possession. There is nothing on record to show as to how respondent has become owner by way of adverse possession qua property number F-102, Karampura, Delhi.

Thus, contention with regard to ownership of Karampura house, made by learned Counsel for the petitioner is devoid of any force.

Since, petitioner has retired from the service and now he wants to live in his own house, hence, it cannot be said by any stretch of imagination that petitioner does not require premises in question for his bonafide use.

The power of this Court u/s 25B(8) of the Act are not appellate powers and this Court has only to see that the Trial Court had acted in accordance with law and not transgresses the limits of its jurisdiction. I find that the Trial Court had taken all relevant factors into consideration while dismissing the application of the petitioner u/s 25B(8) of the Act seeking leave to defend. I find no ground to interfere in the order of the Trial Court. The petition is hereby dismissed.