NISAR AHMED Vs. AGYA PAL SINGH

JUDGEMENT

(1.) By this revision petition, the petitioner/landlord impugns the dismissal of his eviction petition bearing No. RE-23/15, against the respondent/tenant by the judgment dtd. 7/6/2018 passed by the Addl. Rent Controller-I (ARC), Central District, Tis Hazari Court, Delhi.

(2.) Eviction of the tenant was sought under Sec. 14(1)(e) read with Sec. 25-B of the Delhi Rent Control Act, 1958 ("DRC Act') on the ground that: (i) the tenanted premises was required for bonafide use by the landlord and his dependant family members for business purposes, (ii) they had no suitable alternate accommodation available, (iii) the landlord's two married daughters were unemployed but they were well educated and had commercial aspirations, therefore the bonafide need for space, for which they were dependent upon their father-the petitioner. The elder daughter: Ms. Sufia Ikhlas is a graduate from Lady Sri Ram College and the younger daughter: Dr. Noris Nisar has an MBA degree and has earned a Ph.D too. The petitioner says that he is a senior citizen and suffers from many ailments: he has had a brain-hemorrhage, has neurological problems; is hypertensive; has difficulty in climbing stairs because his knee joints are not functioning well, therefore, there was a need for him to conduct his business from the ground floor.

(3.) The petitioner is Mutawalli of a Wakf-ul-aulad which includes the tenanted premises: being Shop no. 1344 (Ground Floor), Star Building, Qutab Road, Sadar Bazar, Delhi ' 110006 (Suit Property). The eviction petition apropos the said property was initiated on 24/7/2009. It was first dismissed by an order of the learned ARC on 26/5/2011 under Order 7 Rule 11 CPC. The said order's dismissal was impugned before this court in RC.Rev. 377/2011 and was set aside by order dtd. 11/2/2015. The case was remanded to the learned ARC for determination on the aspect of bonafide requirement and to consider the application for leave to defend. A SLP bearing No. 13204/2015 against the order dtd. 11/2/2015 was dismissed by the Supreme Court on 7/5/2015.