The landlord is the best judge of his requirements and cannot be deprived of this right. The tenant must disclose triable issues to merit grant of leave to defend.

M.L. MEHTA, J.

1. The present revision petition has been preferred under section 25 (B) (8) of Delhi Rent Control Act (for short the ‘Act’) assailing the order dated 24.02.2012 of ld.ARC whereby he dismissed the application of the petitioner seeking leave to defend the eviction petition filed against him.

2. The respondent filed the present eviction petition u/s 14 (B) and 14 (1) (e) r/w Section 25-B of the Act against the petitioner on the ground of bonafide requirement in respect of a room on the barsati floor, measuring 12’ x10’-10 ½ along with one attached toilet (5’4”x6’9”) and kitchen (15’5”x8’4 1/2'”) in premises bearing No. C-36, Defence Colony, New Delhi. The case of the respondent was that the property in question was owned by his father late Col. R.S. Sethi who left behind a Will dated 01.10.1976 wherein he had bequeathed the entire property to the respondent. It was stated that respondent was working as Colonel in the Indian Army and retired on 04.01.2011. The family of the Respondent consists of his wife aged 46 years, a son aged 22 years and a daughter aged 16 years. The respondent along with his family is presently residing in his in-laws house at Chandigarh.

3. It was further stated that the respondent along with his family intends to shift to his own house at Delhi and the accommodation available with the respondent at present in the suit property is not sufficient for their requirement. It was further stated that the respondent has got two married and one unmarried sister, who are residing outside Delhi and keep on visiting the respondent along with their families and, therefore, a proper guest room with a toilet is required to accommodate the guests. Further, it was averred that the respondent having retired from the Indian Army, now plans to set up his own consultancy in security and management service and as he has no other accommodation in Delhi, he needs ground floor for his consultancy services. It was further stated that son of respondent Karan Seth after completing his internship also plans to set up his dental clinic from the suit premises, for which also the respondent requires a clinical room with reception and a toilet. It was further averred that respondent also intends to get his son married and settle him. It was stated that the minimum requirement of the respondent is one drawing room with dining room, one bed room with bath room for himself and his wife, one bed room with a toilet for his son, one bed room with a toilet for his daughter, one bed room with a toilet for the guests, one office space with a toilet for himself, one clinic/office space with a toilet for his son, whereas the present accommodation available with the respondent in the suit property is not sufficient for his aforesaid requirements and, therefore, he bona fide requires the suit premises.

4. Upon receiving summons, the petitioner herein filed leave to defend application along with affidavit contending that respondent is not the owner of the property as the respondent was not on good terms with his parents; that the respondent has concealed the material facts that earlier the father of the respondent had also filed eviction petitions against the petitioner, which were dismissed; that the site plan filed by the respondent was not true and correct; that the respondent has concealed the existence of one bed room set on the ground floor and by showing the same as Garage; that the respondent has sufficient accommodation available at his disposal in the suit premises, except the tenanted premises for which the present petition has been filed; that the sisters of the respondent are well settled outside Delhi and they do no visit the respondent at all; that the respondent is well settled and is residing at Chandigarh, where he owns a big bunglow and has no intention, whatsoever, to come to Delhi; that as the rents in the vicinity are souring high, the respondent wants to enter into collaboration agreement with the builder a