NARENDER KUMAR SHAH Vs. MALTI NARANG & ANR

JUDGEMENT

(1.) This revision petition is filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') against the judgment of the Additional Rent Controller dated 30.4.2013 by which the leave to defend application filed by the petitioner/tenant has been dismissed and the eviction petition filed for bona fide necessity has been decreed with respect to the premises bearing municipal no. 223, ground floor, ward no. 8, Ajmeri Gate, Delhi 110006.

(2.) The facts of the case are that respondents/landladies are the daughters of late Smt. Kamla Beri and they became the owners of the suit property on the death of Smt. Kamla Beri by virtue of the Will of late Smt. Kamla Beri. The suit premises on the ground floor are required by the respondents for opening of a cosmetic shop inasmuch as respondents have no source of income. The husband of the respondent no. 1 expired on 27.3.2003 and the husband of the respondent no. 2 is a heart patient having undergone open heart surgery in the year 2004, and therefore, he left his business due to poor health in the year 2008. It is pleaded that except the suit premises no other premises are available with the respondents at the ground floor for the opening of the cosmetic shop.

(3.) The petitioner filed the leave to defend application and did not dispute the relationship of landlord and tenant but contended that the following properties were available to respondents, and that consequently the bona fide necessity as pleaded by the respondents/landladies did not exist: