VIJAY KUMAR Vs. PURAN SINGH

JUDGEMENT

(1.) This petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred as to 'the Act') is filed impugning the judgment of the Additional Rent Controller dated 15.2.2013, by which the leave to defend application filed by the petitioner/tenant has been dismissed and eviction order has been passed with respect to the tenanted shop situated on the ground floor of the property bearing no. WZ-32/6, Sant Garh, New Delhi-110018 as shown in red colour in the site plan Ex.C-1.

(2.) In order to obtain an eviction for bonafide necessity under Section 14(1)(e) of the Delhi Rent Control Act three aspects are required to be proved. Firstly, that there is existence of relationship of landlord and tenant between the parties. Secondly, the landlord requires the tenanted premises for himself and/or for the need of his family members, and thirdly, the landlord has no other alternative suitable accommodation.

(3.) So far as the first aspect is concerned, it is not disputed that there is a relationship of landlord and tenant between the parties. The dispute is with respect to the claim of bonafide need and existence of alternative suitable premises. In the eviction petition, landlord has pleaded that he needs the premises to establish his three sons in business as also for expansion of his own business.