LAWS(DLH)-2014-1-63

SANJAY CHUG Vs. OPENDER NATH AHUJA

Decided On January 06, 2014
Sanjay Chug Appellant
V/S
Opender Nath Ahuja Respondents

JUDGEMENT

(1.) The petitioner by way of the present petition under Section 25B(8) of Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act") has assailed the eviction order dated 29th November, 2012 passed by Additional Rent Controller, West Delhi.

(2.) Brief facts of the case are that the respondents filed an eviction petition against the petitioner in respect of a shop situated at the ground floor of property bearing No.11/21, East Patel Nagar, New Delhi- 110008 (hereinafter referred to as "the tenanted shop"). It was contended that the petitioner was inducted as a tenant by Late Sh. Kishan Chand i.e. father of the respondent No.1 and father in-law of the respondent No.2 way back in 1951 in respect of the tenanted shop. After the death of Late Sh. Kishan Chand, the property bearing No.11/21, East Patel Nagar, New Delhi- 110008 (hereinafter referred to as "the suit property") was mutated in favour of the respondents and consequently the petitioner started paying rent of the tenanted shop to the respondent No.1.

(3.) The respondents filed the eviction petition stating that they bonafidely require the tenanted shop so that both the sons of the respondents can run their own independent business and can earn a good income in order to meet their independent family needs. It was stated that the respondents' family consists of respondents', their two married sons having two children each, and a married daughter, settled in her matrimonial home. The respondents alongwith the married sons and their children are said to be residing on the first floor of the suit property.