SOMA DEVI JAIN Vs. ANITA PAWAR & ORS

JUDGEMENT

(1.) This revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') by the petitioner/landlord impugning the judgment dated 31.8.2013 by which the Additional Rent Controller has granted leave to defend. The petitioner/landlord seeks eviction of the respondents/tenants from a shop in the ground floor of property bearing no.G-14, Ground Floor, South Extension, Part-I, New Delhi as shown in yellow colour in the site plan as annexed alongwith the eviction petition. The tenanted premises are in an area of approximately 927 sq feet.

(2.) Admittedly, the whole premises are situated in the South Extension market i.e the entire area is a commercial area. Petitioner/landlord claims that she needs the tenanted premises for carrying on the business by her son Sh. Arun Jain who is already carrying on the business in the part of the first floor of the property. It is stated that the first floor portion is not only insufficient for the business because the business needs to be expanded, also the first floor is inconvenient because the entry is from the rear side of the property which is a small road behind the main market. Accordingly, the bonafide necessity petition was filed.

(3.) Respondents appeared and filed their leave to defend application. In the leave to defend application, basically three grounds were averred as defences to the eviction petition and for seeking leave to defend.