(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 12.4.2013 by which the leave to defend application filed by the petitioner/tenant has been dismissed and eviction petition has been decreed under Section 14(1)(e) of the Act with respect to the suit/tenanted premises being one shop admeasuring 7' x 21' feet on the front side of the property bearing no.3, DLF, Industrial Area, Moti Nagar, New Delhi.
(2.) The case as set up by the respondents/landlords was that in the entire ground floor of the premises where the tenanted shop is located, they are carrying on an industrial unit of manufacturing of Cork Sheets, Rubberized Cork Sheets, Gaskets Sheets for automobiles industries and electrical industries in the name and style of M/s India Cork Industries. The respondents/landlords claim that they have in the ground floor portion only one small office of 6' X 10' feet, which is grossly insufficient with respect to the requirement for installing of computers, account section etc etc. The respondents/landlords also plead that there is no proper space for sitting of the customers, senior officers of the buyers company, senior officials of Govt. bodies etc who frequently visit the industrial unit of the respondents/landlords. The respondents/landlords have expressed their further difficulty that the office which they are presently having of 6' X 10' feet is situated at the back of the property and all persons including the customers have to reach the office by entering in the premises from the main gate of the factory and they witness the entire work/manufacturing process which causes gave prejudice to the clients whose goods are manufactured, because there is some sort of confidentiality required with respect to the manufacturing of different products. The first floor above the ground floor portion which is with the respondents/landlords is said to be not suitable because it is stated to be in a dilapidated condition. The respondents/landlords also plead that his one of the sons, Shobit Soni has passed his electronics engineering and he wants to extend the business activities by modernizing the same by taking the suit/tenanted premises which is situated within the factory premises.
(3.) In a bonafide necessity eviction petition filed under Section 14(1)(e) of the Act, three aspects are required to be seen for decreeing the eviction petition. The first aspect is that the eviction petition is filed by the owner/landlord of the property. The second aspect is that the landlord needs the premises for the bonafide use of himself and/or his family members. The third requirement is that the landlord should not have an alternative suitable accommodation.