C P SEHGAL Vs. ARCHANA GUPTA

JUDGEMENT

(1.) RC.Rev. No. 501/2011

(2.) Respondent/landlady had filed the subject bonafide necessity eviction petition stating that she wants to start her own business of fashion designing cum boutique but on account of paucity of space she could not start the business and hence the tenanted premises are required for the aforesaid business purpose. Respondent/landlady has done MSC (Chemistry) and she also has a diploma in fashion designing from Saubhagya Polytechnic for Women and in Systems Management from NIIT. Respondent/landlady has also done a one year course of an Office Assistant. It is stated by the respondent/landlady that except the suit premises she had no other premises from where the business could be carried out and hence suit/tenanted premises was bonafidely required.

(3.) In a petition under Section 14(1)(e) of the DRC Act, three aspects are required to be seen by the court for decreeing of the petition. Firstly, there has to exist a relationship of landlord and tenant between the parties and that the landlord is the owner of the suit/tenanted premises. Second aspect to be seen is that the tenanted premises are required bonafidely by the landlord and/or his family members and the third aspect is that the landlord has no other alternative suitable accommodation.