LAWS(DLH)-2014-11-186

SURAJ PRAKASH Vs. NADRA BEGUM

Decided On November 11, 2014
SURAJ PRAKASH Appellant
V/S
Nadra Begum Respondents

JUDGEMENT

(1.) THIS rent control revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (in short 'the DRC Act') impugning the judgment of the Additional Rent Controller (ARC) dated 17.4.2013 by which the ARC has dismissed the leave to defend application filed by the petitioners/tenants and has decreed the bona fide necessity eviction petition filed under Section 14(1)(e) of the DRC Act with respect to the tenanted premises being one shop no.1522 and godown no. 1536, Ground Floor, Ward No.1, Church Gate, Kashmere Gate, Delhi -110006

(2.) IN a petition for bona fide necessity under Section 14(1)(e) of the DRC Act three aspects are required to be seen. Firstly, there exists a relationship of landlord and tenant between the parties and that the landlord is the owner of the property. The second aspect is that the requirement is there for the landlord of the tenanted premises or for the need of any of his family members. Thirdly, the landlord or his family members must not have any other alternative suitable accommodation.

(3.) BEFORE I give my reasoning, it is relevant to refer to the exhaustive discussion, and with which I agree, on this aspect given by the ARC in para 11 of the impugned judgment and which para reads as under: -