NEERAJ KIRANA STORE Vs. DINESH CHANDRA GUPTA

JUDGEMENT

(1.) This petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (in short 'the DRC Act') impugns the judgment of the Additional Rent Controller dated 12.3.2012 by which the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner/tenant and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the DRC Act with respect to the tenanted premises being two shops without partition admeasuring 7' 1/2 ft. X 9' ft. situated on the ground floor of the property bearing no. 176/2, South Anarkali, Delhi-51 as shown in red colour in the site plan annexed alongwith the eviction petition.

(2.) In a case for bonafide necessity under Section 14(1)(e) of the DRC Act, three aspects are required to be shown. Firstly, that the petitioner in the eviction petition is the owner/landlord of the suit property. Secondly, it is required to be shown that the landlord requires the premises for his bonafide need or for the need of his family members. Thirdly, it is required to be shown that the landlord has no other alternative suitable premises.

(3.) A reading of the eviction petition shows that the respondent/landlord states that he requires the suit/tenanted premises comprising of two shops for the need of his son Sh. Saurabh Gupta who has completed his MBA and wants to open his office of consultancy in the field of business process outsourcing industry and finance.