GAFFAR AHMAD Vs. SHIV KUMAR OHRI

JUDGEMENT

(1.) The petitioner/tenant impugns order dated 30.01.2018 whereby the leave-to-defend application filed by him in eviction petition E No./ARC No. 799/2016 has been dismissed and an eviction order has been passed against the petitioner. The eviction petition was filed by the respondent/landlord on the ground available under section 14(1)(e) of the Delhi Rent Control Act, 1958 ('DRC Act', for short) seeking eviction of the petitioner from shop No. B-18/4 Shopping Centre, Jhilmil, Tahirpur, Delhi (now known as B-Block Market, Vivek Vihar Phase-1, Delhi) ('subject premises', for short) citing bona-fide requirement of the landlord's son. Landlord's case :

(2.) The case set-up by the landlord in the eviction petition is that the tenant was inducted in the subject premises on 28.07.2011 at a rent of Rs.3,000/- per month excluding electricity and water charges; and that the landlord now required the subject premises for commercial use of his son, who was unemployed and wanted to start a new business. It was also averred that the landlord had no other commercial premises available; while on the other hand, the tenant had purchased a shop in the same B-Block Market, Vivek Vihar, Phase-I, Delhi from which the tenant was already running a well-established beauty parlour. Tenant's case :

(3.) The tenant filed his application seeking leave to defend the eviction petition, citing the following grounds :