JAI BHAGWAN Vs. RAGHUBIR SARAN

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 dated 29.11.2011 of the Sr.Civil Judge-cum-Rent Controller (North) whereby the leave to defend application filed by the petitioners, was dismissed.

(2.) THE petitioners are the tenants in respect of one shop in property No. 502, Main Market, Sabzi Mandi, Delhi under the respondent. His eviction is sought from the suit shop on the ground of bona fide requirement of the same by the respondent for himself and for his grandsons Vijay and Gaurav, who were stated to be dependent upon him. THE case of the respondent is that he was doing the business along with his son Pawan Kumar in a tenanted shop at Main road, Sabzi Mandi. He vacated the said shop in the month of February, 2008 and after vacating the said shop, he suffered business losses and his son Pawan expired on 27.05.2008. His grandsons Vijay and Gaurav, who are the sons of his deceased son Pawan are without any work because of non-availability of the suitable space and thus, are dependent upon him.

(3.) I have heard learned counsel for the parties and perused the records. The submission of the learned counsel for the petitioners is that the projected requirement of the suit shop by the respondent for himself and for his grandsons Vijay and Gaurav is fanciful and mala fide. It is alleged that the respondent is not having cordial relations with his grandsons and had rather filed a case against them and their mother in May, 2009. It was also his case that the respondent is aged person more than 75 years old and is leading the retired life after closing his business during lifetime of his son Pawan, and does not intend to carry any business at this age. It was also submitted that the respondent has been residing along with his second son Sanjay and his family, and further that both Sanjay and his wife are employed and well-settled, getting handsome salaries. It was also submitted that his son Pawan Kumar was a serious asthmatic patient and had died because of this disease and not because of loss in the business. It was also submitted that both his grandsons Vijay and Gaurav are residing separately with their mother and are well-settled in their businesses and earning handsome amounts. The petitioners have given the specific details of the businesses as also the earnings of Gaurav and Vijay.