HARSH VARDHAN NAYYAR Vs. SHANTI MATHUR

JUDGEMENT

(1.) These five rent control revision petitions arise out of the identical judgments dated 6.6.2012 passed by the Rent Controller dismissing the bona fide necessity eviction petitions under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act'). The eviction petitions have been dismissed after trial. The tenanted premises are portion of the property being Flat No. 32, First Floor, Shankar Market, Connaught Place, New Delhi 110001. The landlord in all the petitions is same. The projected need of the landlord in all the petitions is also the same. These petitions are therefore disposed of by this common judgment. For the sake of convenience reference is being made to the facts in RC.REV. No.529/2012.

(2.) Petitioner/landlord is the nephew of late Dr. Sushila Nayar who was the original owner of the suit/tenanted premises. On the death of the original owner Dr. Sushila Nayar the suit/tenanted premises vested in favour of the petitioner and Dr. Nandini Khosla. Dr. Nandini Khosla relinquished her share in the suit premises in favour of the petitioner. Petitioner filed the bona fide necessity eviction petition pleading that he has settled in U.S.A. since 1975. Petitioner has a degree in Masters of Fine Arts from the School of Arts, New York University, Graduate Acting Program and that he was a professional actor having acted in various movies, theater productions, television serials etc. Petitioner at the time of the filing of the eviction petition in 2009 was of 61 years of age and today he is therefore roughly about 66 years of age. Petitioner filed bona fide necessity petition stating that he intends to open a school for acting, drama and performing arts in Delhi where he can utilize his 30 years experience and teach young students in his home land and that the petitioner ultimately intends to move back to India. Since the petitioner has no other reasonable suitable alternative commercial accommodation in Delhi, the bona fide necessity eviction petitions have been filed. Petitioner pleaded that he is the owner of the residential flat no. N-1, Tara Apartment, Alaknanda, New Delhi where he stays when he visits Delhi about two times a year. Accordingly, eviction of the tenants from the different portions of Flat No. 32, First Floor, Shankar Market, Connaught Place, New Delhi 110001 was prayed.

(3.) Written statement was filed by the tenant and it was pleaded that the petition is not bona fide because neither the petitioner intends to shift to Delhi and nor he wants to open a school of drama. It was pleaded that as per the Master Plan of Delhi a space of 1000 square meters was required for opening of a school of acting, drama and performing arts, and therefore, the Flat No. 32, First Floor, Shankar Market, Connaught Place, New Delhi 110001 being an extremely small area of 1650 sq. ft. as compared to 1000 square meters cannot be used for opening of drama school. It was pleaded that petitioner neither wanted to open a school for drama nor he wants to shift to Delhi because petitioner along with his family comprising of his wife and son are well settled in U.S.A.