GOPI CHAND Vs. SABIA NAZ

JUDGEMENT

(1.) This petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugns the judgment of the Additional Rent Controller dated 03.8.2010 by which the leave to defend application filed by the petitioner/tenant in the bonafide necessity eviction petition filed by the respondent/landlady under Section 14(1)(e) of the Act has been dismissed and eviction has been ordered with respect to the tenanted premises comprising of one shop at the ground floor and two rooms on the first floor at property no.5389, New Market, Sadar Bazar, Delhi (as shown in red colour in the site plan annexed with the eviction petition).

(2.) The respondent/landlady pleaded that she needed the suit/tenanted premises for starting of the business and settling her son Farhan Mansoor, who was aged 21 years in the year 2009 i.e the son would be about 26 years of age today. The respondent/landlady stated that she has no other alternative suitable premises in Delhi from where business can be carried on for her son.

(3.) The petitioner/tenant in the leave to defend application firstly contended that he was not the only tenant in the suit premises, but the tenancy was of a partnership firm carrying on business in the name and style of M/s Gopi Roadlines, and which partnership had besides the petitioner/tenant one other partner Ankur Bagai. The petitioner/tenant also pleaded that the respondent/landlady was the owner of many properties in Delhi including property nos.5389, 5390 and 5391 at New Market, Sadar Bazar, Delhi. It was also pleaded that since the respondent/landlady had these alternative premises, the bonafide necessity eviction petition lacked bonafides, and therefore had to be dismissed.