1. The impugned judgment is dated 16.01.2010. Vide the impugned order, the application filed by the tenant seeking leave to defend in a pending proceedings under Section 14 (1)(e) of the Delhi Rent Control Act (DRCA) had been granted and the defendant was permitted to defend his case. This is the grievance of the petitioner who is the landlord before this Court.

2. Record shows that the present eviction petition has been filed by two petitioners of whom petitioner No. 1 has a son namely Harjot Singh for whose business establishment the present disputed premises is required; petitioner No. 2 is a bachelor. Contention in the eviction petition is that Harjot (son of petitioner No. 1) aged 30 years wishes to carry on a retail business; the disputed premises are shop located on the ground floor of property bearing No. 7-A/2, WEA, Channa Market, Karol Bagh, New Delhi; contention in the eviction petition is that the petitioners who are the owner of the said premises by virtue of succession after the death of their mother Smt. Jaswant Kaur require these premises for starting the business of Harjot (the son of petitioner No. 1) who is presently unemployed. Eviction petitio