BAL KISHAN Vs. LALIT MOHAN SINGH & ORS

JUDGEMENT

(1.) On the first call, passover was prayed for which was granted. At the time of granting passover, it was made clear that no further passover or adjournment will be granted. Even on the second call when the case is called out, no one appears for the petitioner. I have therefore gone through the record and I am proceeding to dispose of the petition.

(2.) This petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is filed against the impugned judgment of the Additional Rent Controller dated 11.7.2014 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 Act by the respondent no.1/landlord with respect to the suit/tenanted shop bearing no.3524, ground floor, property bearing municipal no.3521-3524, Kucha Lal Man, Darya Ganj, Delhi.

(3.) The respondent no.1/landlord pleaded the requirement of the suit/tenanted shop for the purpose of running of a business of ladies clothes by his wife Smt.Archana Singh, who is stated to have good knowledge of tailoring and embroidery work and who is already doing such petty job for the known local residents. The respondent no.1's wife is doing the tailoring job from the residential portion above, i.e the first floor of the tenanted premises where the respondent no.1 is residing with his family. It was pleaded in the eviction petition that new persons/customers hesitate to climb upstairs to the first floor, and as a result of which the income of the wife of respondent no.1 is limited and meager, and hence the bonafide necessity eviction petition.