(1.) THIS rent control revision petition is filed under Section 25 -B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') challenging the impugned judgment of the Additional Rent Controller dated 17.5.2013 by which the Additional Rent Controller has decreed the bona fide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the tenanted premises being shop bearing private No. C in property No. WZ -273/1, Inderpuri, New Delhi -110012 as shown in red colour in the site plan Ex. P.W. 1/3. Eviction petition has been decreed after evidence was led by both the parties and final arguments heard.
(2.) THE original landlord Sh. Narinder Kumar Mittal, who is now deceased and is represented by his widow, the respondent herein, filed the eviction petition on the ground that he was carrying his business of dhaba/eating house in a shop bearing private No. A in the same property and which tenanted shop was taken on rent by the landlord from his brother. It was stated by Sh. Narinder Kumar Mittal that his brother wanted him to vacate his property and therefore Sh. Narinder Kumar Mittal filed the subject petition for bona fide necessity so that he could shift his dhaba/eating house business to the suit/tenanted premises which is located just few feet away from the place from where he was carrying on his business.
(3.) AFTER pleadings were completed, evidence was led of both the parties. Sh. Narinder Kumar Mittal examined himself as PW -1 and examined his brother in whose property he was a tenant Sh. J.K. Mittal as PW -2. The petitioner No. 1 herein examined himself as D.W. -1 and also examined two shopkeepers of the locality Sh. Ravinder Kumar as D.W. -2 and Sh. Raghubir Singh as D.W. -3. At the stage of final arguments, Sh. Narinder Kumar Mittal expired and therefore his wife being the present respondent sought her substitution, and which application was allowed and she - the widow, was substituted in place of Sh. Narinder Kumar Mittal.