RATTAN STUDIO Vs. RAJU RANI JAIN

JUDGEMENT

(1.) THE present petition has been preferred under section 25B of Delhi Rent Control Act (hereinafter referred as 'Act') read with section 115 of Civil Procedure Code assailing the judgment and order dated

(2.) 03.2012 passed by Ld A.R.C. whereby he dismissed leave to defend application, filed by the petitioner. 2. The respondent filed the eviction petition no. E-159/2011 u/s 14 (1) (e) r/w Section 25-B of the Act against the petitioner on the ground of bonafide requirement in respect of one shop and adjoining portion thereof, situated at ground floor in property bearing no. 79-80,Gali Khajanchi Wali, Kucha Sukha Nand Delhi-110006 (hereinafter referred as 'suit premises'). The respondent's case was that she along with her family members was using the first and second floor as also the terrace of the suit premises for residential purposes, whereas the entire ground floor, except one hall being used by her grand children for studies, was occupied by the tenants. It was averred that she has three sons and seven grandsons. One of her sons was doing cycle business and the other two doing the work of commission agents, but they have experience in the business of clothes, cycles and electrical. Out of the seven grandsons, four are major, but unemployed and others are also grown up. It was averred by the respondent that due to unemployment, even the major grandchildren could not be married. It was her case that she wished to settle all her children and grandchildren during her life time, and as she does not have suitable space for enabling them to run independent businesses, she bonafidely required the tenanted premises.

(3.) I have heard learned counsel for the parties and perused the records.