BHIM SAIN SHASTRI Vs. SHARAT CHAND & ORS

JUDGEMENT

(1.) Caveat No.640/2014 Counsel appears for the caveators and thus the caveat stands discharged.

(2.) This petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the Act ) is filed impugning the judgment of the Additional Rent Controller dated 28.4.2014 by which the Additional Rent Controller has dismissed the leave to defend application and has passed an eviction order in the petition for bonafide necessity with respect to the tenanted premises being shop bearing private no.2, property no.230, Main Road, Gandhi Nagar, Delhi as shown in red colour in the site plan Ex.PX.

(3.) In a petition for bonafide necessity, three aspects have to be shown for seeking eviction; (i) there is a relationship of landlord and tenant between the parties, (ii) the landlord and/or his family members bonafidely need the premises, and (iii) there is no other alternative suitable premises. In the present case, the respondents/landlords pleaded that the tenanted shop was required by the respondent no.1 for carrying on his business of repairing of gas stove, cooker, chullah etc and which work for the present was being carried out in a passage in the same property.