ARUN KUMAR SHARMA Vs. PAWAN GUPTA

JUDGEMENT

(1.) This petition is filed by the petitioner/tenant under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'the Act') impugning the order of the Additional Rent Controller dated 17.1.2012 which has dismissed the leave to defend application filed by the petitioner/tenant and has decreed the bonafide necessity petition under Section 14(1)(e) of the Act with respect to the tenanted premises being one shop on the ground floor of property no. IX/17 (Part) admeasuring 60 sq. yards in khasra no.331/36, 37, Kailash Nagar, Village Seelampur, Illaqa Shahdara, Delhi-31.

(2.) The respondent/landlord filed the bonafide necessity petition stating that the respondent/landlord carries on his seasonal business of selling festival items during Rakshabandhan, Holi, Diwali etc from the foot path of Sadar Bazar, and therefore he needs the suit/tenanted premises which is the only shop available to the respondent/landlord for carrying on his business.

(3.) The petitioner/tenant filed his leave to defend application and stated that the respondent/landlord is in fact carrying on his business from a room and godown on the first floor above the tenanted premises, and the respondent/landlord therefore does not need the tenanted premises. It was also pleaded in the leave to defend application that the entire area of Kailash Nagar is being used for commercial purposes and all floors in Kailash Nagar area are being used for commercial purposes, and therefore the respondent/landlord has alternative suitable accommodation being the room and godown on the first floor above the tenanted premises.