ASHOK SEHGAL Vs. SUBHASH CHANDRA SHARMA

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 28th January, 2011, passed by Additional Rent Controller, North Delhi District, Tis Hazari Courts, Delhi.

(2.) Brief facts of the case are that the respondent filed an eviction petition against the petitioners in respect of a shop forming part of the ground floor of the property No. 5-F, Kamla Nagar, Delhi-110007 (hereinafter referred to as the tenanted shop ). It was stated in the eviction petition that the tenanted shop is required by the respondent to start his business of footwear and that the tenanted shop is in the commercial market wherein there are a number of other footwear shops.

(3.) It was further stated that there are small portions on the first and the third floor of the said property which were rented out to various persons by the respondent but the same were not suitable for the proposed business of footwear of the respondent. It was averred that the petitioner owned a commercial space in Karol Bagh and also a big shop in Pitampura, details of which were given and the same was rented out by the petitioners for about Rs.1,00,000/-.