RAJENDER KUMAR JAIN Vs. SHIV KUMAR AND ORS

JUDGEMENT

(1.) This rent control revision petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is filed by the petitioner/tenant impugning the judgment of the Additional Rent Controller dated 8.5.2012 by which the Additional Rent Controller has dismissed 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 with respect to the tenanted premises being one shop on the ground floor of the property no.X/2809, Gali No.5, Raghubar Pura-II, Gandhi Nagar, Delhi-110031 as shown in red colour in the site plan annexed with the eviction petition.

(2.) The case of the respondents/landlords was that the suit shop was required for the benefit of petitioner no.2 in the eviction petition, and who is the respondent no.2 herein, because respondent no.2 herein is unemployed and wants to open a business in the tenanted shop.

(3.) In a bonafide necessity eviction petition under Section 14(1)(e) of the Act, three aspects are required to be seen by the court for decreeing the bonafide necessity eviction petition. First is that there is a relationship of landlord and tenant between the parties and that the landlord is the owner of the tenanted premises. Second aspect which is required is that the suit/tenanted premises are required for the bonafide need of the landlord and/or his family members and third aspect which is required to be seen is whether the landlord has any other alternative suitable accommodation.