LABHU LAL Vs. SANDHYA GUPTA

JUDGEMENT

(1.) Present revision petition under Section 25-B of Delhi Rent Control Act, 1958 (for short as ,,Act) has been filed against impugned order dated 13th July, 2010 passed by Additional Rent Controller (for short as Controller) Delhi, vide which application for leave to defend of petitioner was dismissed and eviction order has been passed.

(2.) Brief facts are that, respondent filed an eviction petition under Section 14 (1) (e) read with section 25-B of the Act for recovery of possession of portion on the ground floor of property no. 81-A, Kamla Nagar, Delhi as shown in red in the site plan attached with the petition. It is stated that premises in suit are required bonafide by respondent (owner/landlady) for her own use and for the use of her family members for expanding their business of Diagnostic Clinic and/or starting new business. Respondent is not in use and occupation or even physical possession of any other reasonably suitable accommodation for meeting the needs of her aforesaid requirement. Respondent and her family members are residing currently at Alipur Road, which accommodation is not suitable at all for expansion of the existing clinic.

(3.) Family of respondent comprises of herself, her husband, her son Dr. Mohit Gupta, daughter-in-law Dr. Swaran Gupta and two granddaughters. Son and daughter-in-law of respondent are carrying on business/practice in the name and style of Samadhan Diagnostic Clinic at the corner room in rear portion of ground floor and they both are practicing Radiologists. The aforesaid business of Diagnostic Clinic is being run by them with all the necessary and prescribed permission. Son and daughter in law of respondent with extraordinary labour and effort put in the aforesaid professional activity business had generated a large quantum of goodwill for the processional practice of clinic, in as much as the same is doing well, but urgently requires creation of necessary amenities for patients in terms of better examination rooms, cosier reception area and spacious patients area space, separate space for pathological laboratory which is out sourced at present for paucity of space, installation of new equipment and creating of examination rooms and rest room for staff as the expansion will require more employees.