NDMC Vs. SHIV KUMAR & ORS

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India impugns the judgment of the Additional Rent Controller dated 12.1.2012 by which the Additional Rent Controller has dismissed the leave to defend application and has decreed the bonafide necessity eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 with respect to the tenanted premises comprising of three rooms, two temporary sheds, latrine and bathroom on the ground floor of the property bearing no.5289, Hardhian Singh Road, Krishna Nagar, Karol Bagh, New Delhi-05.

(2.) At the outset, I would like to note that the petitioner is the North Delhi Municipal Corporation and was running an Ayurvedic Dispensary from the tenanted premises, however, petitioner has already been evicted in execution of the impugned judgment and decree i.e the petitioner is no longer in possession of the suit/tenanted premises.

(3.) For eviction on the ground of bonafide necessity, the landlord has to show three aspects. Firstly, there is a relationship of landlord and tenant. Secondly, the landlord requires the premises for bonafide need of himself and/or his family members, and thirdly, a landlord has no other alternative suitable accommodation.