The tenant only needs to prima facie make out a case raising triable issues, and the Controller must grant leave to defend if such facts are disclosed.

M.L. MEHTA, J.

1. This revision petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 (for short the “Act”) assails the order dated 14.03.2012 of Additional Rent Controller (ARC), North whereby the leave to defend application filed by the petitioner in the eviction petition filed against him by the respondents, was dismissed and an eviction order was passed.

2. The petitioner is a tenant under the respondents in respect of the two rooms in property bearing No. 96, First Floor, Khurshid Market, Sadar Bazar, Delhi. His eviction is sought by the respondent No. 1 on the ground of bona fide requirement thereof by him for setting up his business of hosiery for his son, who had got a degree of Bachelor of Business Administration in 2006, alleging not to be having any other reasonably suitable commercial space for this purpose. It is averred by the respondent No.1/landlord in the eviction petition that since despite best efforts, his son has not been able to get a good job, he required the tenanted premises to get him established in the hosiery business.

3. The petitioner filed leave to defend application alleging the respondents to be in possession of various other properties, residential as also commercial and denying the respondent No. 1 to be not having any other reasonably suitable accommodation for establishing his son in the business. It is averred that the respondent No 1 has a thriving business in manufacturing of hosiery items and is running the same under the name of Golden Hosiery Manufacturing Company Pvt. Ltd with its registered office at 5038 and 5032, Rui Mandi, Sadar Bazar, Delhi, and that this establishment has a capital of more than 1 million U.S dollars. It is alleged that the respondent No. 1 is the Principal Director therein and has already settled his son in the said company. It is also alleged that the respondent No. 1 is having another property being A-94, Mayapuri Industrial Area, Part-II, Delhi wherein he has a state of the art facility and infrastructure, and that he had installed latest technology machines and is also having a Research Centre and Warehouse, where a large number of experts have been employed. It is also his case in leave to defend that he has obtained information about the property of the respondent No.1 at Mayapuri and the capital of his establishment from the website (www.goldenhosierytradeindia.co.in) of his business being run under the name of Golden Hosiery Manufacturing Company Pvt. Ltd. The petitioner alleged that he is a senior citizen aged 72 years and having three married sons with their children, the business being run by him at the tenanted premises, under the name of Jawahar Leather Stores, is their only source of income as his family members are dependent on him.

4. In the reply to leave to defend application of the petitioner, the respondent No. 1 controverted the averments of the petitioner and reiterated that of his eviction petition and stated that even though he is a Director in the business of M/s. Golden Hosiery Manufacturing Pvt. Ltd., but it does not mean that his son could be settled in the said company.

5. Subsequently, the petitioner filed an application u/S 151 C.P.C for placing on record additional documents. He submitted documents of TDS payments made by the son of the respondent No. 1 and also documents showing the details of the Directors of Golden Hosiery Manufacturing Pvt. Ltd. In reply, the respondent No. 1 contended that as regards the TDS filed by the petitioner, it was only that of assessment year 2010-2011. The respondent No. 1 filed the TDS of the assessment years 2008-2009, 2010-2011 and 2011-2012 to assert that his son had no regular source of income. He also submitted that the son has no say in the company so it cannot be said that he is well settled in the business.

6. The learned ARC, vide the impugned order, declined leave to defend to the petitioner observing that no triable issue was made out and consequently, pass