BHUPINDER SINGH BAWA Vs. ASHA DEVI

JUDGEMENT

(1.) This revision petition is filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') against the judgment of the Additional Rent Controller dated 26.2.2014 which has decreed bona fide necessity eviction petition with respect to property bearing no. C-1(old property no. 285) Basai Dara Pur, Sharda Puri, Ring Road, New Delhi 110015 comprising two rooms and one small room as shown in red colour in the site plan Ex. PW-1/2. The eviction petition has been decreed after trial.

(2.) Respondent/landlady claimed the tenanted premises for commercial use for opening of the business of sanitary and hardware by her son Sh. Vaibhav Maheshwari who was pursuing MBA at the time of the filing of the eviction petition and completed the same in June, 2011 and who wanted to start his separate business. The tenanted premises is situated in the costly and precious marble market of Raja Garden, and therefore, the tenanted premises is in a very profitable area for the purpose of establishing the business of sanitary and hardware by the son of the respondent namely Sh. Vaibhav Maheshwari.

(3.) There was no dispute as regards the relationship of landlord and tenant and also with respect to the number of family members of the respondent/landlady, and which is so noted in para 4 of the impugned judgment. The disputes were with respect to availability of various alternative premises for the son Sh. Vaibhav Maheshwari to carry on his business and which properties were said to belong to the husband of the respondent, the family company M/s Jaishree Granites Pvt. Ltd., and, one small shop in the lane in this very property belonging to the respondent/landlady. It was also pleaded that the son Sh. Vaibhav Maheshwari was a Director in the family company M/s. Jaishree Granites Pvt. Ltd. having a very nominal share and was getting a salary of Rs. 50,000/-, and therefore, he did not require the premises for starting his business.