UNITED METAL STORE Vs. ASHOK KHANNA

JUDGEMENT

(1.) THIS rent control revision petition is filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugning the judgment of the Additional Rent Controller (ARC) dated 28.1.2013 by which the ARC has rejected 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/landlord with respect to the suit/tenanted premises being one room/shop on the ground floor forming part of property bearing no.4708/VII, admeasuring 50 sq. yds. situated at Gali Razia Begum, Hauz Qazi, Delhi -110006.

(2.) THE case as set -up in the eviction petition by the respondent/landlord, who has since died and is now represented by his legal heirs, was that the suit/tenanted premises/shop is required for the landlord himself for his own use as well as for the use of his family members dependent on him. Besides the personal need of the landlord, the suit/tenanted premises was pleaded to be required because the son of the landlord was doing the business of printing press in Noida (U.P.) and he wanted to open a trading office in Delhi in the suit/tenanted premises.

(3.) (i) Before me, learned counsel for the petitioner/tenant has argued two aspects. The first aspect is that the eviction petition was filed only for the need of the landlord himself, and since the erstwhile respondent/landlord has expired, the need of the erstwhile respondent/landlord abates and the eviction petition has to be dismissed by this Court taking notice of the subsequent event of the death of the respondent/landlord. For taking notice of the subsequent events, reliance is placed upon the judgment of the Supreme Court in the case of Shantilal Thakordas & Ors. Vs. Chimanlal Maganlal Telwala : (1976) 4 SCC 417. Reliance is also placed upon the judgment of the learned Single Judge of this Court in the case of Asha Lata Pandey Vs. Braham Pal Singh Yadav : 210 (2014) DLT 371.