MAHAVIR PRASAD Vs. DEVINDER KUMAR SHARMA

JUDGEMENT

(1.) BY this petition, the petitioner challenges the order dated 16th January, 2012 thereby leave to defend was declined to the petitioner in an eviction petition filed by the respondent under Section 14(1)(e) of the Delhi Rent Control Act (in short 'the DRC Act).

(2.) IN the eviction petition filed by the respondent it was only stated that the respondent was the owner/landlord of one shop forming part of property No.371, ground floor, Naya Bans, Khari Baoli, Delhi -110066 shown red in the site plan and that he needs the same for running a clinic by his elder daughter who had completed P.G. Diploma in Dietetics and Public Health Nutrition (DDPHN) from Delhi University and was pursuing M.Sc. in Food and Nutrition (DFSM) from IGNOU. She has already completed 9 months internship from St. Stephen Hospital and thus intends to start her own clinic as a consultant and that no other reasonably suitable accommodation was available except the tenanted premises.

(3.) ON a notice being issued, the petitioner entered appearance and in the leave to defend application challenged the bona fide requirement of the respondent and the availability of alternative accommodation stating in para 3(j) that the respondent had not disclosed all the relevant facts in the eviction petition. The petitioner pointed out that the respondent had 14 shops in property bearing Nos.365 to 372 A and B. Besides the same, the respondent has other properties including residential and commercial properties in the NCR. The petitioner further sought leave to file additional affidavit on complete facts being disclosed by the respondent. In the reply affidavit to the leave to defend application of the petitioner, the respondent disclosed the possession and status of various properties bearing municipal Nos.365 to 372 comprising of four storeyed building with roof rights situated at Naya Bans, Khari Baoli, Delhi which had fallen to the share of respondent as under -