REKHA RANI @ REKHA Vs. ADITYA SARAF

JUDGEMENT

(1.) This is a petition 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 dated 13.1.2014 by which the leave to defend application filed by the petitioner/tenant has been dismissed and the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act has been decreed with respect to the suit/tenanted premises being northern portion admeasuring 140 sq. yds. of the property no. 17, East Punjabi Bagh, New Delhi.

(2.) The bonafide necessity eviction petition was filed by the respondent/landlord essentially stating that his family comprises besides himself of his wife and a minor son, and that they are living presently with the parents of the respondent but the respondent wants to shift to his independent accommodation and does not want to stay with his parents.

(3.) In a bonafide necessity eviction petition filed under Section 14(1)(e) of the Act, three aspects are required to be shown by the landlord in order to succeed. Firstly that the eviction petition is filed by the owner/landlord of the property, secondly the petition must be filed for the bonafide need of the landlord and/or his family members, and thirdly the landlord must not have any other alternative suitable premises.