1. By this revision petition, the petitioner has assailed order dated 8th October, 2009 passed by the learned Additional Rent Controller dismissing an application under Section 25 B (4) of Delhi Rent Control Act made by the petitioner for seeking leave to defend the eviction petition.

2. Brief facts relevant for the purpose of deciding this petition are that the petitioner is a tenant in respect of one shop on the ground floor of property No.6/51, WEA, Karol Bagh, New Delhi. The shop was being used as a godown. The respondent-landlord is living in rest of the property along with his entire family including his sons, grandsons and their children. The respondent filed eviction petition under Section 14 (1) (e) stating that the accommodation in the occupation of himself and his family members was not sufficient and he required the tenanted premises for the bona fide use of his family. The landlord filed site plan of the three floors of the property and gave description of his entire family along with family tree living in the premises.

3. The tenant in his leave to defend took a stand that since the site plan was photocopy of the blue print, he was not in a position