MANIKA RANI GHOSH Vs. DHARWINDER KAUR

JUDGEMENT

(1.) THE present petition has been filed under Sec. 25B(8) of the Delhi Rent Control Act against the order passed by the Ld. Rent Controller Sh. Sandeep Yadav, Saket Court in Eviction Petition No. 32/10, decided on 08.06.2012; whereby the Ld. RC has dismissed the application filed by the petitioners.

(2.) BRIEFLY stating the facts, the landlady/respondent herein, a senior citizen filed petition for eviction before the Ld. RC under Sec. 14(1)(e) of the Delhi Rent Control Act, stating that the tenanted shop was bona fide required by her to start a business of wholesale and retail selling of readymade ladies/gents suits, with the help of her retired husband. The landlady/respondent submitted that she wanted to start the aforesaid business in order to earn livelihood to meet the increasing need of old age. Since she has no other commercial premises from where she can start the business, and also because she possesses the adequate financial capacity and business equipment to start the new business, the landlady/respondent sought the eviction of the petitioners on the ground of bona fide requirement.

(3.) IT was the primary contention of the tenants/petitioners before the Ld. RC that the landlady/respondent has been persistent to evict the tenants/petitioners herein and that there is no bona fide requirement of the landlady/respondent to start a new business. It was contended by the tenants/petitioners that the landlady/respondent is merely trying to take advantage of the Hon'ble Supreme Court's decision allowing landlords to seek eviction of the tenant even in respect of commercial property on the ground of bona fide necessity. In this regard, the tenants/petitioners contended that the landlady/respondent was more than 62 years old and has never carried out any business activity. They also contended that the residence of the landlady/respondent was 20kms away from the suit shop, which is located in Nehru Place, predominantly computers market and therefore, wasn't suitable for carrying out business in readymade garments. Alternatively, they also contended that the landlady/respondent had other properties at her disposal and such wholesale business can even be carried from there or her residence.