KUSUM RANI Vs. UMA VATI

JUDGEMENT

(1.) BOTH these petitions can be disposed of by this common judgment inasmuch as the impugned judgment of the Rent Controller is same in both the cases. The landlady being the respondent is same in both the cases and the need which has been projected for eviction of the petitioners/tenants is the same viz of opening of a computer institute by both her sons in the entire ground floor of the premises bearing no.21, Shaheed Bhagat Singh Marg, New Delhi. There are a total of eight shops with seven tenants inasmuch as one shop is with the respondent/landlady and all the seven tenants are sought to be evicted through separate eviction petitions. Two litigations being the present cases are against two tenants in two shops out of the seven shops. Bonafide necessity eviction petitions were filed because the family of the respondent/landlady being her sons, and granddaughters etc want to open a computer institute in the entire ground floor of the property. The need is also projected with respect to opening of a clinic for requirement of the grand -daughter who is a doctor.

(2.) (i). The facts of the case are that the respondent/landlady filed the subject eviction petitions with respect to two shops bearing no.21/4 (RCR No. 379/2014) and 21/2 (RCR No. 381/2014), Shaheed Bhagat Singh Marg, New Delhi inasmuch as the elder son of the respondent/landlady Sh. Naveen Prakash was employed as a Director Principal at Manav Rachna College of Engineering, Faridabad and who has done his Ph.D. in computer science from IIT Delhi. Sh. Naveen Prakash therefore has 40 years experience in teaching and research. Sh. Naveen Prakash is due to retire in the year 2015 and Sh. Naveen Prakash after his retirement wants to lead an active academic life and have an economic activity by opening of a computer institute in the entire ground floor including the subject two shops. Respondent's/landlady's other son Sh. Ajay Prakash was aged about 57 years and who has done MA (Economics) and has obtained certificate in COBOL programming from IIT Delhi in the year 1977. Sh. Ajay Prakash was working but he left his job in the year 1996 and thereafter started the business of computer maintenance which could not be continued for want of commercial space and therefore he had to close the computer maintenance business and start the work of consultancy in computers. Sh. Ajay Prakash does not want to continue with the business of consultancy in computers because he is not earning much and therefore he wants to join hands with his brother Sh. Naveen Prakash for opening of a computer training institute in the subject properties. With the eviction petitions, the respondent/landlady annexed the entire proposed plan for the computer training institute stating that two rooms were required for lectures, two rooms for laboratory, one room for reception -cum -office, one room as staff room for teachers, separate toilets for boys and girls and one room each for the offices of both the sons who are professors.

(3.) PETITIONERS contested the eviction petitions by filing leave to defend applications which have been dismissed by the impugned judgments and hence the present petitions.