TARJEET SINGH WALIA Vs. NIRMALA DEVI

JUDGEMENT

(1.) This rent control revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugning the judgment of the Additional Rent Controller dated 30.9.2013 by which the Additional Rent Controller has dismissed the leave to defend application and has decreed the bonafide necessity eviction petition filed by the respondent/landlady under Section 14(1)(e) of the Act with respect to one shop on the ground floor of property bearing no.WZ-854, Rani Bagh, Delhi-34.

(2.) Before me the only aspect which is very strenuously urged on behalf of the petitioner/tenant is that since the projected need as per the eviction petition is for the elder son Sh.Sushil Kumar Sharma, who is stated to be unemployed and who wants to carry on business from the suit/tenanted shop, but this son is already running a coaching centre with respect to study of students in the first floor of the same property, and therefore the suit/tenanted premises cannot be said to be required for the bonafide necessity of this son of the respondent/landlady.

(3.) As per the pleadings which exist on record, the admitted position which emerges is that on the first floor of the property, there are three rooms, two kitchens, two stores and two bathrooms and two toilets. The family of the respondent/landlady consists of three sons, out of which two sons are married. There are a total of six adult family members and two children, and all of which as per the pleadings are residing in the first floor.