ANIL KUMAR BAGANIA Vs. SHIV RANI & ORS

JUDGEMENT

(1.) This revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (in short 'the DRC Act') is filed by the petitioner-tenant impugning the judgment of the Additional Rent Controller dated 17.8.2011 by which the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner-tenant and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the DRC Act with respect to the tenanted premises being one shop bearing no. 2896 on ground floor of premises bearing no. 2893-2899, Chehlpuri, Kinari Bazar, Delhi- 110006.

(2.) As per the eviction petition filed before the court below need for bonafide petition was projected with respect to petitioner no.2/respondent no.2 herein and his son Sh. Sidharth who are jobless and therefore they require two shops. Petitioner no.3 in the eviction petition is a widow and she has no work to do and thus she also requires a shop because she has experience of boutique business as well as beauty parlour business and on obtaining a shop premises she would run the business of a boutique or beauty parlour. One shop was required with respect to petitioner no.4 in the eviction petition (respondent no.4 herein) who is unmarried and aged about 27 years and who is doing no work and therefore he requires the shop to run a business. One shop was required for the petitioner no.5 in the eviction petition (respondent no.5 herein) as he is 25 years and is jobless and therefore requires a shop for running a business. Petitioner no.6 in the eviction petition (respondent no.6 herein) is unmarried and also unemployed and hence he requires one shop for carrying on business. As per the eviction petition therefore at least six shops were required and therefore since there are four shops in the premises which are in possession of different tenants, one being with the present petitioner, four separate eviction petitions were filed against four separate tenants including the present petitioner.

(3.) In a bonafide necessity eviction petition under Section 14(1)(e) of the DRC Act three aspects are required to be seen for decreeing the petition. Firstly, there must exist a relationship of landlord and tenant between the parties and that the landlords are the owners of the property. Second requirement is that the bonafide need projected is for the landlords and /or their family members. Thirdly, it was to be shown that the landlords do not have alternative suitable accommodation because of which the need would stand satisfied.