Delhi Rent Control Act, 1958
Sections 14(1)(e) & 25B—Eviction on ground of bona fide need of the Landlord to open a lawyer's chamber—Dismissal of leave to defend—Revision petition—Tenant cannot raise new pleas which were available to him at the time of filing the petition for the first time.
[Para 14]
Sections 14(1)(e) & 25B—Eviction on ground of bona fide need of the Landlord to open a lawyer's chamber—Dismissal of leave to defend—Revision petition—Petitioner-tenant has confined his challenge to the order of the trial court only on the plea of suitability of alternative accommodation available with the Landlord—Suitability of tenanted premises for setting up a lawyer's chamber by the Landlord is reasonable—Since the relationship of landlord-tenant is admitted and the bona fide need of the Landlord to set up a lawyer's chamber is proved—Court is satisfied that the alternate accommodation available with the Landlord was duly disclosed in the eviction petition and the explanation offered by the Landlord with respect to the unsuitability of the existing accommodation deserves acceptance—Tenant has failed to rebut the said explanation so as to raise any triable issue, which merits grant of a leave to defend by the trial court—Challenge laid by the tenant with respect to the availability of alternative accommodation to the landlord is without any merit—Petition dismissed.
[Paras 16 & 17]
Section 25B—Application for leave to defend—Consideration—In proceedings filed under Section 25B of the DRC Act, at the stage of seeking leave to defend, the tenant is required to divulge issues which at its behest give rise to triable issues which would warrant a consideration on merits—Defence cannot be one, which has been described to mere moonshine—At that stage, the tenant must at least, prima facie, establish that the facts as disclosed in the application seeking leave to defend, would disentitle the landlord from being granted an order of eviction.
[Para 11]