LAWS(DLH)-2012-9-313

PRADEEP SINGH Vs. PREM KAUR

Decided On September 19, 2012
PRADEEP SINGH Appellant
V/S
CHANDER PRAKASH GULATI Respondents

JUDGEMENT

(1.) THESE revision petitions under Section 25B (8) of the Delhi Rent Control Act (for short 'the Act') are directed against the common orders dated 23.05.2012 passed by S.C.J. / R.C (West) in the five eviction petitions filed by the petitioner against the respondents seeking their eviction from their respective tenanted premises. Vide this order, leave to defend applications of the respondents/tenants, filed by them, were allowed.

(2.) THE factual matrix of the case is that petitioner purchased property No. H-32, Rajouri Garden on 02.06.2005. THE respondents were already tenants in respect of their respective shops in property No.H-32, Rajouri Garden, New Delhi, under the previous owner. After the purchase of the said property by the petitioner, they became tenants under the petitioner on the same terms and conditions. THE petitioner filed eviction petitions against the respondents under Section 14(1) (e) read with Section 25-B of the Delhi Rent Control Act on the ground that he requires the said shops in order to expand his business. It is averred in the petition that presently he is assisting his father in his business at Lajpat Rai Market, but now he wants to stand on his legs and open a showroom in the suit premises. It is averred that they are already in possession of four shops, which are lying locked, and by amalgamating them with the tenanted shops, he intends to open a showroom there.

(3.) THE learned counsel for the petitioner sought to contend, and to which there is no dispute, that the landlord is sole and best Judge of his requirement, and he has complete freedom in the matter and that tenant could not dictate the terms to him and advise as to what he should do and what not. It is also not disputed that it is the privilege of the landlord to choose the nature of business as also the place of business.