KARORI MAL Vs. SANTOSH KUMARI

JUDGEMENT

(1.) THIS petition under Section 25(B)(8) of the Delhi Rent Control Act, 1958 is filed against the impugned judgment of the Additional Rent Controller dated 23.10.2013 by which the Additional Rent Controller has dismissed the leave to defend application filed by the present petitioner and decreed the eviction petition with respect to one shop measuring 8'x10' in the property bearing no. 1/7220, Shivaji Park Chowk, Shahdara, Delhi.

(2.) IN a petition for bonafide necessity it has to be seen that the petitioner before the Additional Rent Controller is the owner/landlord of the suit premises. It is settled law that even a co -owner can file a petition for bonafide necessity in view of the catena of judgments of the Supreme Court. The second requirement is that the petitioner requires the premises bonafidely for her use or for use of family member. Petitioner is a landlady/respondent herein and she stated that she is a widow receiving minor pension and she wants to open a tea shop in the tenanted shop in question.

(3.) THAT the Petitioner is not the co -owner/landlady of the suit property. She requested to pay the rent being the old lady and she claimed co -owner of the property, the Respondent paid the rent @ Rs. 200/ - per month but later on she asked to enhance the rent from Rs. 200/ - to Rs. 2000/ - per month. The Respondent refused and agreed to increase the rent of 10% than she has filed this petition. The Respondent deposited the rent in the court under protest.