The widow's right to seek immediate possession under Section 14D of the Delhi Rent Control Act is contingent on the premises being let out by her or her husband, and the tenant must provide specific and supported averments to disentitle the landlord from invoking summary provisions.

JUDGMENT

Subramonium Prasad, J. The instant revision petition under Section 25-B (8) of the Delhi Rent Control Act is directed against the Order dated 24.07.2019, passed by the learned A.R.C. (Central), Tis Hazari Courts, Delhi, in Eviction Petition, being E.No.461/2018, dismissing the application filed by the Petitioner/Tenant for leave to defend and evicting the Petitioner herein/Tenant from the property bearing No. No. T-428, Pahar Wali, Qasabpura, Sadar Bazar, Delhi (hereinafter referred to as `the tenanted premises').

2. The facts, in brief, leading to the instant petition are as under:

i. It is stated that the tenanted premises was purchased by late Hameeda Begum, sister-in-law of the Respondent herein/Landlady in the year 1995 vide a transfer-cum-sale deed, including registered Power of Attorney.

ii. It is stated that vide a rent note dated 01.10.2001, entered into between the Petitioner herein/Tenant and Hameeda Begum for a sum of Rs.50,000/-, one room on the second floor of the tenanted premises was let out to the Petitioner herein/Tenant. It is pertinent to mention here that the said rent agreement was to be valid till 31.07.2003.

iii. It is stated that Hameeda Begum died in 2001 intestate and as she was issueless and her husband had passed away before her death, tenanted premises devolved upon her three brothers namely Mohd. Shakir (husband of the Respondent herein/Landlady), Mohd. Zahid & Mohd. Shahid.

iv. It is stated that on 18.07.2003, a rent agreement was entered into between the husband of the Respondent herein/Landlady and the Petitioner herein/Tenant at a monthly rent of Rs.700/- and since then the Petitioner/Tenant is occupying the tenanted premises.

v. It is stated that the husband of the Respondent herein/Land-lady passed away on 24.10.2003 and after the death of Respondent's husband, the Respondent herein and her two daughters along with Mohd. Zahid & Mohd. Shahid got the ownership rights of the tenanted premises. It is stated that Mohd. Zahid & Mohd. Shahid relinquished all their rights in the property and, vide settlement deed dated 10.10.2017 and relinquishment deed dated 10.10.2017, made the Respondent herein/Landlady the sole owner of the tenanted premises.

vi. It is stated that the Respondent herein/Landlady, along with her two daughters, namely Uzma & Muneeza, are residing at the tenanted premises on the first floor and they have kept one room on the second floor to themselves.

vii. It is stated that the room in the possession of the Respondent herein/Landlady on the second floor is hardly used by her as the Petitioner herein/Tenant locks the main entrance to the second floor which causes great hardship and difficulty for the Respondent herein/Landlady. It is stated that the Respondent herein/Landlady is a chronic skin disease patient and doctors have advised her to go in open air as much as possible as this is an essential requirement for her health. It is further stated that the Respondent's/Landlady's daughters have both grown up and the accommodation available to the Respondent/Landlady is not enough for her to live comfortably. Contending that the Respondent herein/Landlady does not have any other alternative accommodation apart from the tenanted premises where she can live with her daughters, Eviction Petition, being E.No.461/2018, was filed by the Respondent/Landlady.

viii. It is stated that the Petitioner herein/Tenant filed an application for leave to defend, alongwith an affidavit stating that the Respondent/Landlady has no bonafide requirement of the tenanted premises nor there is any paucity of space. It is further stated in the application for leave to defend that apart from the tenanted premises, the Respondent/Landlady has another property, bearing no. 6069, Gali Nawabwali, Sadar Bazar, Delhi-06. It is further submitted that apart from a room on the second floor of the tenanted premises, the entire property was vacant from 2001, i.e. the date on which the Petitioner herein/Tenant started re