VALMIKI J. MEHTA, J (ORAL)

1. This rent control revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as ‘the Act’) impugning the judgment of the Additional Rent Controller dated 28.8.2012 by which the Additional Rent Controller has dismissed the leave to defend application filed by the petitioners/tenants and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the tenanted premises being one dalan (hall) measuring 16’X9’, part of the ground floor of property no.2192, Gali Nai Wali, Pahari Bhojla, Bazar Chitli Qabar, Delhi-6 as shown in green colour in the site plan Ex.X1.

2. At the outset, it is required to be noted that by the impugned judgment two eviction petitions of the same respondent/landlady Smt. Quresha Begum were decided. One eviction petition for bonafide necessity was filed against one tenant Sh. Abdul Hameed being eviction petition no.111/2011. The second eviction petition and which is the subject matter of the present rent control revision petition was filed against the present petitioners/tenants. Both these petitions were decided by the common judgment inasmuch as the bonafide need which was projected was for the family of the respondent/landlady including her two married sons being Sh. Ajmal Khan and Sh. Ashraf Khan. In the other eviction petition, against the tenant Sh. Abdul Hameed, the tenanted premises comprised of one shop and one room. The need for the shop was projected for the younger son Sh. Ajmal Khan, whereas the residential need for one room was projected for satisfying part of the residential need of the elder son Sh. Ashraf Khan. In the present proceedings, the need is with respect to the balance residential requirement of the elder son Sh. Ashraf Khan who is married and his family comprises besides himself, his wife and four children. Sh. Ashraf Khan has only one room in his occupation on the third floor of the property.

3. The selfsame impugned judgment was also challenged before this Court in RC. REV. No.572/2012 by the tenant Sh. Abdul Hameed and this RC. REV. No.572/2012 was dismissed by this Court on 31.7.2014. An SLP against the judgment dated 31.7.2014 in RC. REV. No.572/2012 has been dismissed by the Supreme Court on 31.10.2014 in S.L.P.(C) Nos.27762-63/2014. Reference is being made to the judgment dated 31.7.2014 in RC. REV. No.572/2012 inasmuch as more or less all the aspects which are in issue in the present case also stand decided by the judgment of this Court dated 31.7.2014, and again keeping in mind the fact that there is a common judgment with respect to both the eviction petitions being the eviction petition no.111/2011 filed against the other tenant Sh. Abdul Hameed and the eviction petition no.112/2011 filed against the present petitioners.

4. At this stage, it is relevant to refer to and reproduce paras 10 to 13 of the judgment dated 31.7.2014 and the same read as under:-

“10. That takes us to the need of the elder son Ashraf Khan, and for whose residential need the residential room with the petitioner/tenant is claimed. In order to decide whether there exists any need for residential purpose of Ashraf Khan, the entire accommodation in the entire property bearing no. 2192, Gali Nai Wali, Pahari Bojla, Bazar Chitli Qabar, Delhi, will have to be examined and considered. It is first to be noted that the property no.2129 is situated on an area of only about 145 sq. yds. and thus the rooms thereof are not big in area. There is a ground floor, first floor, second floor and third floor of this property. The elder son Ashraf Khan is living on the third floor of this property. As per the site plans filed by both the parties, there is absolutely no difference in the constructed area on the third floor, and the same consists of just one room along with kitchen, latrine and bathroom. The family of the elder son Ashraf Khan, admittedly comprises of Ashraf Khan himself