KIRAN SACHDEVA Vs. PUSHPA DEVI

JUDGEMENT

(1.) This revision petition under Section 25-B(8) of the Delhi Rent Control Act (for short the 'Act') is directed against the order of Addl. Rent Controller (ARC), North, Tis Hazari Courts dated 04 th February, 2012, whereby the leave to defend application filed by the petitioners, was dismissed.

(2.) The petitioners are the tenants in respect of one shop at the ground floor of the property bearing No. 29-E, Kamla Nagar, Delhi under the respondents/landlords. Their eviction was sought from the tenanted shop on the ground of bona fide requirement thereof by the respondents for running therein business of readymade garments. It was their case that they do not have any other reasonably suitable space for this purpose in the suit premises or otherwise. It was averred that there are three other shops, besides the suit shop, which are with different tenants. It was averred that the respondents are engaged in the business of garments and the respondent No. 1 is doing the garments' business in partnership with her son-in-law Anil Khurana, whereas, the respondent No. 2, who was carrying her business of garments from the tenanted shop taken by her son at Noida, has surrendered the tenancy of the said shop to its landlord. Thus, they intend to start the garment's business from the tenanted shop, which is very convenient to them, and also because they do not have any other commercial property to carry on their business.

(3.) The application seeking leave to defend was filed by the petitioners on various grounds. The learned ARC, vide the impugned order, dismissed the leave to defend application, which order is under challenge in the instant petition.