RAJNI BAHL Vs. ARUN KUMAR NAYYAR

JUDGEMENT

(1.) This is a petition seeking setting aside of the order and judgment dtd. 28/4/2018 passed by the learned ARC in Eviction Petition No. 6338/2016 under Sec. 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter "DRC Act"), whereby an eviction order has been passed in favor of the respondent-landlord in respect of property bearing Shop No. 1 (measuring 269 sq. ft.), Ground Floor, S-15, Green Park (Main), New Delhi - 110016 (hereinafter referred to as "tenanted premises/Shop No.1"). Background

(2.) In March 2012, the respondent preferred an eviction petition in respect of the tenanted premises under Sec. 14(1)(e) read with Sec. 25-B of the DRC Act for his bonafide need to start a consultancy for himself and a boutique for his wife, Mrs. Neelum Nayyar. It is stated in the eviction petition that the respondent is a qualified engineer and has been doing consultation work post retirement, and he wishes to start his own consultancy work. The respondent's wife is a homemaker but has experience in garment manufacturing and wants to open a boutique. It is further stated that the respondent does not have any other suitable place except for the tenanted premises and one other adjoining shop i.e. Shop No. 2 (measuring 272 sq. ft.), Ground Floor, S-15, Green Park (Main), New Delhi - 110016 (hereinafter referred to as "Shop No. 2") which also is in possession of another tenant against whom the respondent had filed a separate petition [E. No. 6337/2016 (erstwhile E. No. 18/12)] for getting it vacated.

(3.) Leave to defend application was filed by the petitioner-tenant, who was granted the leave to contest the petition vide order dtd. 27/11/2014.