SUBHASH CHANDRA RASWANT Vs. ALOKESH BARUA

JUDGEMENT

(1.) This eviction petition has been filed by the Petitioner, tenant, assailing the eviction order dtd. 17/8/2022 passed by the Rent Controller, East District, Karkardooma Courts, Delhi ('Trial Court'), whereby the Petitioner's application seeking leave to defend was dismissed and the eviction order was passed with respect to Shop No. 2 in Property No. K-3, Laxmi Nagar, Main Market, Opposite State Bank Patiala, New Delhi ' 110092 ('tenanted premises').

(2.) The eviction petition has been filed by the Respondent herein, landlord, under Sec. 14(1)(e) of the Delhi Rent Control Act, 1958 ('DRC Act') for the bona fide need of his elder son, Sh. Vishwajit Barua, who wants to start his business of fast-food restaurant. It is stated in the eviction petition that the Respondent herein is the owner of property No. K-3, Laxmi Nagar, Main Market, Opposite State Bank Patiala, New Delhi ' 110092 ('subject building'), wherein the tenanted premises are located. It is stated that the Respondent herein does not have any suitable alternate accommodation except the tenanted premises, for the bona fide need of the elder son.

(3.) The Petitioner herein filed his leave to defend application under Sec. 25B(5) of the DRC Act, claiming to be the legal owner of the tenanted premises by way of an unregistered Agreement to Sell ('ATS') dtd. 6/7/1982. It is stated that the Respondent's father, Sh. J. B. Barua, in the year 1982, executed the said ATS with the Petitioner for a total consideration of Rs.1,10,000.00. It is stated that in view of the said ATS, there is no landlord-tenant relationship between the parties.