(May 8, 2002) 2002 (TLS)126925

2002-DLT-97-997 :: 2002-ILRDLH-9-253

S. P. KAPUR Vs. Kamal Mahavir Prasad Murarka

R. C. CHOPRA

( 1 ). This petition under Section 25-B (8) of Delhi Rent control Act (hereinafter referred to as "the Act" only) is directed against an order dated 3rd September, 2001, passed by learned Additional Rent Controller, Delhi by which the petitioner s application for leave to defend under Section 25-B (4) of the Act was dismissed and respondents eviction petition under Section 14 (1) (e) read with Section 25-B of the Act was allowed.

( 2 ). I have heard Sh. L. R. Gupta, Sr. Advocate for the petitioner and Sh. V. K. Makhija, Sr. Advocate for the respondents. I have gone through the Trial Court records. The facts relevant for the disposal of this petition, briefly stated are, that the respondent No. 1, claiming to be the owner-landlord of property No. D-281, defence Colony, New Delhi, filed an eviction petition under section 14 (1) (e) read with Section 25-B of the Act alleging that the petitioner-tenant was let out the suit property for residential purpose by Mrs. Raj Sondhi, the previous owner of the property. In 1976, this property was sold by Mrs