VIJAY KUMAR GUPTA Vs. ASHOK SHARMA

JUDGEMENT

(1.) THE order impugned before this court is the order dated 22.12.2009 wherein an eviction petition filed by the landlord under section 14(1)(e) of the Delhi Rent Control Act (DRCA) seeking an eviction of the tenant from the suit property had been decreed; the application filed by the tenant seeking leave to defend had been declined.

(2.) RECORD shows that the petitioner is one of the co-owners of property bearing No. 27/2, Shakti Nagar, Delih-110007. The respondent is stated to be a tenant in respect of one shop forming a part of this property at a monthly rent of Rs. 330/-. In the eviction petition it has been averred that the need of the landlord for this shop is bonafide; petitioner's family comprises of himself, his wife, one son and one daughter; petitioner is a B-Tech (Textile) Engineer; his wife is also a graduate; his son is married and lives in Chennai and wants to come back to do his business; there is no commercial accommodation with the landlord; he requires this shop bonafidely to carry out his business.

(3.) LEASE Deed entered between the landlord and M/s. Reliance Money Ltd. is dated 19.02.2008; it shows that the premises (the back portion of the same premises) has been leased out to M/s. Reliance Money Limited, a company incorporated under the Indian Companies Act at a monthly rent of Rs. 80,000/- per month; a security deposit of Rs. 4,80,000/- has also been received by the landlord. Admittedly, this lease was created on 19.02.2008; this lease further stipulates that the time is granted to the leassee to make necessary alteration; submission of the tenant being that the actual occupation of the premises has been handed over only in May 2008; further being that the eviction petition having been filed in October, 2008, the paucity of accommodation has deliberately and malafidely been created by the landlord; the whole purpose of this eviction petition is to extract a higher rate of rent and this is clear from the lease deed which has been executed of the same shop on the back portion just a few months prior to the filing of the present eviction petition.