YAMEEN @ BOBBY Vs. SURESH KUMAR SHARMA

JUDGEMENT

(1.) BY this order I propose to decide the revision petition filed by the tenant/petitioner under Section 25B(8) of the Delhi Rent Control Act (hereinafter referred to as Act) read with Article 227 of the Constitution of India.

(2.) THE facts of the matter are that the respondent filed an eviction petition for eviction of the petitioner on the grounds of bonafide requirement. It was stated that the respondent is the owner and landlord of the property bearing No.1/4935, Balbir Nagar Extn., 60 Feet Road, Shahdara, Delhi -110032. The petitioner is a tenant in one shop on the ground floor, as shown in red colour in the site plan annexed with the petition. The tenanted shop was let -out to the petitioner in the end of December, 1988 and the last paid rent of the tenanted premises was Rs.600/ - per month exclusive of electricity charges. It was further stated that the petitioner is in arrears of rent since December, 2009 and the respondent requires the tenanted shop for the use and occupation of his family members who are dependent on him. Respondent stated that his family consisted of himself, his wife, his son and three daughters. The respondent is doing the business of building material supplier in the name of "Bankey Bihari Builders" in the premises No.1/5279, Balbir Nagar Extension, Shahdara, Delhi, and his son is also doing separate independent business of similar kind in the name of "Shree Bankey Bihari Builders" in the premises No.E -9, Jyoti Colony, Shahdara, Delhi -110032. It was further stated that daughter of the respondent namely Purnima Sharma has obtained Diploma Certificate in Acupressure issued by IAAS, Indore and Diploma Certificate in Naturopathy and Yogic Science issued by AINCF and Vocational Certificate in the trade of Beauty Culture issued by NIOS. His second daughter Kim Sharma has also done similar courses and has obtained various Certificates in the field of Acupressure, Naturopathy, Yogic Science and Beauty Culture from various Institutes/Councils in India and abroad and both of them are now willing to start their own Beauty Clinic Centre but due to lack of commercial space in the property, they are not in a position to start the same. The third daughter of the respondent Ankita Sharma is doing LL.B. course and is going to start the profession very soon after completion of the said course and she also needs the office space for her profession. It was further stated that the respondent is not having any other suitably alternative accommodation available with him and hence, the respondent requires the tenanted shop for her daughters who are dependent on him.

(3.) THE application for leave to defend was dismissed by the Additional Rent Controller by detailed order against which the present revision petition has been filed.