USHA DEVI & ORS Vs. RANJEET SINGH

JUDGEMENT

(1.) This petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugns the judgment of the Additional Rent Control dated 09.4.2012 by which the leave to defend application filed by the petitioners/tenants has been dismissed and eviction has been ordered with respect to the suit/tenanted premises being one shop on the ground floor of the property bearing no. H-6, Vijay Chowk, Laxmi Nagar, Delhi - 92.

(2.) In a petition for bonafide necessity filed under Section 14(1)(e) of the Act, three aspects have to be shown for the landlord to succeed. Firstly there exists a relationship of landlord and tenant between the parties. Secondly it has to be seen that the landlord requires the premises bonafidely for his need and/or for his family members. Thirdly, landlord must not have an alternative suitable accommodation.

(3.) In the present case, it is the second and third aspects which are argued before this Court as to the petition for eviction not being bonafide and the respondent/landlord having alternative suitable accommodations.