ADARSH ELECTRICALS & ORS. Vs. DINESH DAYAL

JUDGEMENT

(1.) PRESENT petition under Section 25B(8) of Delhi Rent Control Act. 1958 (for short as 'Act) has been filed on behalf of petitioners for quashing of order dated 23rd March, 2010 passed by Additional Rent Controller. Delhi (for short as 'Controller') vide which petitioners. application seeking leave to contest the eviction petition was dismissed and eviction order has been passed u/s. 14(1)(e) of the Act, in favour of the respondent and against the petitioners. Brief facts as per eviction petition are that respondent (petitioner in the trial court) is the owner/landlord of property known as "Kundan Mansion" bearing No. 1769 to 1772 and 1783 to 1785 Bhagirath Palace, Chandni Chowk, Delhi.

(2.) PETITIONER No. 1 (respondent No. 1 in the trial court) a partnership firm, is a tenant in the portion consisting of one hall, two rooms, two verandahs, latrine and open court yard, as shown in red in the site plan annexed with the eviction petition. The premises in question were let out for office -cum -showroom and godown purposes at a monthly rent of Rs. 980/ -.

(3.) THIRTY six tenants occupy the entire property known as "Kundan Mansions". Respondent sold some portions of the property during the period 2000 to 2004, as he had no need of the premises at that time. Premises in dispute are situated on the ground floor in a busy market and are most suitable for setting up an office. No other tenant on the ground floor in the property at Bhagirath Palace has sufficient or suitable space where the respondent could set up his professional office.