RAVINDER BAGGA Vs. VED PRAKASH TYAGI

JUDGEMENT

(1.) THIS petition challenges an eviction order dated 28.10.2013 which rejected the petitioner's (tenant's) application seeking leave to defend in an eviction petition filed under Section 14(1)(e) read with Section 25B of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act'). The tenant has been directed to be evicted from the ground floor shop of property identified as WZ -47, Bundela Market, Vikas Puri, New Delhi (hereinafter referred to as ''the tenanted premises'). The property was let out by the respondent (landlord) to the tenant's father in the year 1986, who started an electrical shop in the tenanted premises and the present tenant has inherited the tenancy after the demise of his father.

(2.) LANDLORD 's case was that the aforesaid property being an ancestral property devolved upon him through the inheritance. It was owned by his grandfather Shri Badlu Ram Tyagi. He had four sons namely Jai Prakash, Mahavir, Ved Prakash and Shri Krishan (the respondent herein). Jai Prakash was survived by his wife Smt. Krishna who was remarried to Mahavir. The later had let out the premises in and about 1986 to the late father of the tenant tenant Shri A.C. Bagga. The tenanted shop fell into the share of the landlord in pursuant to a family settlement in 1990. Shri Mahavir gave a letter -cum -receipt dated 13.05.1990 in favour of Ved Prakash (respondent -landlord) declaring that the tenanted shop had fallen into his share. Pursuant to this family settlement, the respondent became the owner of the tenanted premises and the tenant's father had started paying rent to the landlord.

(3.) THE tenant sought to contest the claim of bonafide need on the grounds that the landlord had optimum property which were suitable for establishing his own business; that the tenanted shop was taken on a Pagri of Rs.1,00,000/ - in the year 1983; that property No. WZ -47, Budella Market is a big property having three floors where the petitioner has constructed three shops over the roof of the Malik Tailor and Unique Paints; that the petitioner has also constructed six shops on the third floor of the said premises out of which three had been let out by him and other three shops were lying vacant; that the petitioner is the owner of another property bearing No. B -336, Vikas Vihar, Uttam Nagar, Delhi which property is more suitable for commercial purpose and for the alleged bonafide need; that the petitioner was a permanent employee in a government school and was earning monthly salary of Rs.12,000/ -; that in addition to his salary of Rs.12,000/ -, the petitioner is having rental income of more than Rs.60,000/ - .