The shifting of a family member to a rented accommodation due to paucity of accommodation does not diminish the bonafide requirement of the premises for eviction under the Delhi Rent Control Act.

1. The petitioner is aggrieved by an order of the learned ARC dismissing an application of the petitioner under Section 25-B of Delhi Rent Control Act for grant of leave to contest.

.2. The petitioner is a tenant in respect of one room, a small kolki, verandah, bath and WC on the ground floor in premises no.1525, Chandrawal Road, Subzi Mandi, Delhi. The premises is built on 60 sq.yds. The respondent/landlord filed an Eviction Petition on the ground of bonafide requirement submitting that his family has considerably increased. He was having only one room, one store and kitchen, bath and latrine on first floor and 2 rooms on second floor. His family dependent upon him for residential purpose consisted of himself, his wife, one son Anand Kumar Jain and 2 grandsons namely Navin Jain and Yogesh Jain aged 26 and 23 years. While Navin Jain was married, Yogesh Jain was of marriageable age. Thus, he needed the premises for this family of 6 members. He himself, aged 86 years was suffering from knee trouble and finding it difficult to climb stairs. The 3 rooms in his occupation were highly insufficient.

3. The tenant sought leave to defend on various grounds including that no permission under Slum Areas (Improvement and Clearance) Act had been sought by the landlord, that Anand Kumar Jain, son of landlord was not dependent on the landlord and had acquired flat no. 30, Pocket 7, Sector 2, Rohini, Delhi where he was residing; the other sons of landlord namely Hemant Kumar Jain, M.P. Jain, P.K. Jain and Darshan Kumar Jain were living in their respective houses at different places and petitioner used to visit them and stay there for days; the landlords wife was owner of property no. 757, Nai Basti, Mukim Pura, Subzi Mandi which accommodation was also available to the petitioner and his family; the petitioners other brothers who had also inherited tenancy rights from their father, the original tenant, have not been made a party and that the petitioner does not require the premises for bonafide necessity.

4. During pendency of the petition, the petitioner died and his son Anand Kumar Jain, in whose favour petitioner had left a Will was brought on record as a party. Subsequently, another objection was taken that other legal heirs of the deceased had not been made a party and the Will was not a genuine Will. It was also stated that bonafide requirement of the petitioner had gone and therefore petition was liable to be dismissed.

5. During pendency of petition, one application was made under Section 151 that Navin Jain, son of Anand Kumar Jain had shifted to Shakti Nagar on 4th August, 2005. In reply to this application, it was admitted that Navin Jain had to shift to 19/16, Shakti Nagar a rented accommodation, due to paucity of accommodation in the premises in question. This shifting was temporary and he shall be coming back as and when premises was vacated.

6. The learned ARC considered the documents and the affidavits of both the parties and came to conclusion that provisions of Section 19 of Slum Areas Act were not applicable in view of judgment of the Supreme Court in Ravi Dutt vs. Rattan Lal, 1984 RLR (SC) 153. The other contentions raised by the tenant also did not find favour with the ARC and the application for leave to contest was dismissed.

7. It is argued by the petitioner that the learned ARC should have held that Anand Kumar Jain has acquired the flat and residing in flat no. 30, Pocket 7, Sector 2, Rohini, Delhi along with his family members since the petitioner has produced the electricity bills of the aforesaid property in the name of Anand Kumar Jain and this fact has been concealed by the respondent.

8. The other ground taken is that the original owner Jamboo Prasad Jain has expired and Navin Jain, his grand son has divorced his wife therefore needs stand diminished. The learned Rent Controller should have held that Anand Kumar Jain inherited house no. 757, Nai Basti, Mukim Pura, Delhi from his mother. The ARC also d