M.C. GOYAL Vs. SARDAR MEHAR SINGH

JUDGEMENT

(1.) The petitioner by way of the present petition under Section 25B(8) of Delhi Rent Control Act, 1958 (hereinafter referred to as "the DRC Act") read with Sections 115 and 151 CPC has assailed the eviction order dated 5 th September, 2012 passed by Additional Rent Controller, North-West, Rohini, Delhi.

(2.) Brief facts of the case are that the respondent filed an eviction petition against the petitioner in respect of shops No. 1 and 2, ground floor of property bearing No. 1542, Tri Nagar, Delhi (hereinafter referred to as the "tenanted shops"). It was the case of the respondent that the petitioner was inducted as tenant on 18th October, 1978 by late father of the respondent in tenanted shop No.1 and subsequently, the petitioner took tenanted shop No.2 from one Mr. Suresh Kumar who was inducted as a tenant in the tenanted shop No.2 by the late father of the respondent. It was stated that the father of the respondent accepted the petitioner as his tenant for the tenanted shops, which he merged together. The monthly rent of the tenanted shops at the time of filing of eviction petition was Rs.1350/- per month excluding electricity and water charges. After the death of the father, the respondent being the son became the owner of the tenanted shops.

(3.) It was stated that the tenanted shops are required by the respondent for his younger son who is residing at the second floor of some other property. The said son of the respondent is practicing as a Reiki Healer whose patients involve old and sick persons. It was averred by the respondent that the patients of his son find it difficult to climb up to the second floor and the tenanted shops being situated at the ground floor are more suitable. It was averred that there is no suitable alternate accommodation available with his younger son which can be used by him as his business place. It was also averred that the respondent has retired from service and he wants to assist his son in the business.