JUDGMENT

Shivaraj V. Patil, J.-Leave granted.

2. The controversy that needs to be addressed and resolved in this appeal relates to grant of leave to the tenant under Section 25B(5) of the Delhi Rent Control Act, 1958 (for short the Act ) to contest the application filed for eviction under clause (e) of the proviso to sub-section (1) of Section 14 of the Act.

3. In brief, the facts leading to the filing of the present appeal are :

The respondent herein (the landlord) filed a petition under clause (e) of the proviso to Section 14(1) of the Act seeking eviction of the appellant (the tenant) from the premises on the ground of his bona fide requirement for his occupation as a residence for himself and other members of the family dependent on him stating that he has come back and permanently settled in India; his sons, daughters and other relations who are settled in United Kingdom also visit him but he is unable to provide them accommodation; his son Shri Rajpal Singh has decided to return to India to settle and was winding up his affairs at U.K. etc.

4. The appellant after receiving the summons under Section 25B(4) of the Act filed an application supported by an affidavit seeking leave to