GULSHAN RAI Vs. SAMRENDRA BOSE SECY

JUDGEMENT

(1.) The order impugned before this court is the order dated 26.02.2011 wherein the application seeking leave to defend filed by the tenant in a pending eviction petition under Section 14(1) (e) of the Delhi Rent Control Act (DRCA) had been granted. Record shows that the petitioner is the owner/landlord of the property bearing Municipal Nos. 1418-1421 and 1424-1427, Nicholson Road, Kashmere Gate, Delhi; a portion of the first floor has been tenanted out to the respondent i.e. Bengali Club; admittedly, remaining portion of the first floor is a Guest House which is being run by the landlord; his contention in the eviction petition is that he needs more space for the expansion of his business of a guest house which is being run only from a part portion of the first floor; for his bonafide need, an eviction petition under Section 14(1)(e) of the DRCA was accordingly filed.

(2.) The averments made in the eviction petition have been perused. They disclose that what has been let out to the tenant is a portion as depicted in red colour; contention of the petitioner is that the tin shed which was in occupation of the tenant has been converted into the pacca masonary room as identified by the letters A and B in the site plan. The premises in occupation of the landlord on the first floor has been depicted in green colour; he has admittedly been running his business of guest house from the said premises; he wants more space for the expansion of his business of guest house; further contention being that after obtaining necessary permission he will remove the unauthorized construction on the second floor (as depicted in letters A and B in the site plan); thereafter he will use this first floor for the expanded portion of his guest house; his bonafide need has been established.

(3.) The application for leave to defend filed by the tenant has been perused. The contention is that the respondent is a Begali Club which was founded in the year 1925 which has rich heritage values; it is the life and soul of the Bengali Community in Delhi; it is located at a historical site which is the present premises; further contention being that the Municipal Corporation of Delhi has to conserve and preserve the heritage value of the premises; premises occupied by the tenant is a heritage property; in fact a Committee had been constituted by the MCD wherein the premises have been ascribed the status of a heritage property. Landlord is merely harassing the tenant; the Building Bye-laws (specially Clause 23.1.1 (a) & (C) of the Building Bye-Laws for the Union Territory of Delhi 1983 of the MCD) mandate that heritage buildings shall be conserved and preserved; further contention being that a guest house is being run by the landlord without obtaining the necessary permissions; he has no sanction; building bye-laws prohibits the landlord from changing the nature of a heritage site; in these circumstances, the bonafide need of the landlord is not made out; a guest house cannot be run from the said premises; even otherwise the need of expanding his business of Guest House is not a bonafide need. All these raise triable issues. Further contention is that the landlord has recently let out a huge place on the ground floor to a wine shop which again reveals that landlord does not bonafidely require the said premises; his need is malafide.