GHANSHYAM Vs. VIJENDER

JUDGEMENT

(1.) THIS 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 31.5.2013 by which the leave to defend application filed by the petitioner/tenant has been dismissed and the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act has been decreed with respect to one shop on the ground floor of property no.A -13, Main Market, Village Garhi, Near Sheetla Mata mandir, East of Kailash, New Delhi as shown in red colour in the site plan filed along with the eviction petition.

(2.) THE facts of the case are that the respondent/landlord filed the eviction petition for bonafide necessity stating that the petitioner/tenant was inducted as a tenant in the shop by his father Sh.Hari Ram. The respondent/landlord further pleaded that the father had distributed his property amongst his two sons by means of a family settlement and the suit shop fell to the share of the respondent/landlord and the adjacent shop fell to the share of his brother. The respondent/landlord stated that he wanted to open an office of tour and travels, and for which business he has no vacant shop, and therefore the tenanted premises are required, and consequently the bonafide necessity eviction petition was filed.

(3.) THE issues which were argued before the Additional Rent Controller have also been argued before this Court. I do not find that the impugned order of the Additional Rent Controller is in any manner illegal or unreasonable, and therefore the leave to defend application was rightly rejected. The reasons are stated hereinafter