SHYAM SUNDER Vs. INDER PAL CHAUHAN

JUDGEMENT

(1.) This petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is filed against the impugned judgment of the Additional Rent Controller dated 10.9.2012 by which the Additional Rent Controller has dismissed the leave to defend application which was filed by the petitioner herein, respondent before the Additional Rent Controller.

(2.) The eviction petition for bonafide necessity had been filed with respect to the tenanted shop in question which is part of property no.8795, Shidipura, Karol Bagh, New Delhi. The respondent/landlord claims that he needs this shop for carrying on of business by his 24 year old son who is just 10th class pass and hence due to his less education, he is not able to get any job/service. The case of the respondent/landlord is that by a registered sale deed dated 13.6.2001 the properties bearing Municipal nos.8791 to 8795, Shidipura, Karol Bagh, New Delhi were purchased by the respondent/landlord and his brothers. There was an oral partition whereby property no.8795 fell to the share of the respondent/landlord and the properties nos.8791 to 8794 have fallen to the share of the brothers of the respondent/landlord. The respondent/landlord also pleaded that he had no other alternative suitable accommodation for carrying on the business/shop for his son, and therefore eviction was prayed of the present petitioner from the suit premises.

(3.) To the extent, that there is a relationship of landlord and tenant between the parties, the same is not disputed before me, however, it is very strenuously urged that respondent's son is already carrying on various businesses at different places and therefore he does not need the shop premises for carrying on his business.