RAJ KUMAR PAHWA Vs. RAJIV GUPTA

JUDGEMENT

(1.) RC. REV Nos. 107/2014, 108/2014 & 110/2014

(2.) (i) The case of the respondent/landlord in the eviction petitions was that he used to earlier carry on the business of dry cleaning with his father in one shop in the very same premises bearing shop no.1, however subsequently the business was closed. Respondent/landlord stated that he thereafter started assisting his wife in ladies clothing and tailoring business which is being carried on at the second floor of the same premises and over the years he has received experience for doing the business of ladies clothing and tailoring. It is pleaded that for carrying on the business of ladies clothing and tailoring i.e a ladies boutique shop which will contain a glass facade, a lady's trial room, space for peeco machine, space for over locking machine and three stitching tailors space with sewing machines as also a wooden counter necessary for fabrication of clothing and dress material are required. All the aforesaid activities are required for a ladies boutique shop and which will be satisfied by eviction of the petitioners from the three shops bearing nos.1/2, 1/4 and 1/5 in the premises.

(3.) In an eviction petition for bonafide necessity which is filed under Section 14(1)(e) of the Act, three aspects are required to be seen viz firstly there is a relationship of landlord and tenant between the parties and that the landlord is the owner of the property, secondly it has to be seen that the premises are bonafidely required by the landlord and/or his family members and finally/thirdly it is required to be seen that landlord has no other alternative suitable accommodation.