JAMAN LAL KANHAYA LAL Vs. RAM MOORTI DEVI

JUDGEMENT

(1.) The present Revision Petition is filed under Section 25B(8) of the Delhi Rent Control Act to impugn the order dated 1.7.2016 passed by the Additional Rent Controller (ARC) in a petition filed under Section 14(1)(e) read with section 25-B of the Delhi Rent Control Act,1958 whereby an eviction order has been passed against the petitioner for premises i.e. one godown bearing private No. 5 on the ground floor of property bearing No. 2646, Gali Raghunandan, Naya Bazar, Delhi.

(2.) The respondent herein filed the present Eviction Petition on the grounds of bona fide requirement of the respondent. It was averred that the respondent is the landlady of half portion of the premises. It was stated that her family consists of herself, her three sons including Shri Yogendra Pal Sharma a practicing advocate and one daughter. Shri Yogendra Pal Sharma has three children i.e. two married daughters and one son who is a graduate. It was stated that Shri Yogendra Pal Sharma and the other son Shri Sanjay Sharma are dependent upon the respondent for residential/commercial purpose. Respondent and her family members are in possession of five rooms out of which two are on the first floor and three on the second floor and the barsati on the third floor of the property in which the tenanted premises are situated. It was further stated that the tenanted premises is required by her son Shri Yogendra Pal Sharma who is a practicing Advocate for his office purpose and that he has no accommodation for office purpose anywhere in Delhi. It was stated that the said accommodation is also required by her grandson Shri Varun Sharma to start his business.

(3.) The petitioners entered appearance and filed an application seeking leave to contest under section 25(B)(5) of the DRC Act. It was pointed out that the petitioner is involved in wholesale Dry Fruit business having their shop at Katra Ishwar Bhawan but the tenanted premises is a godown and that the petitioners do not have any other godown in their possession. It was further stated that the son of the respondent Shri Yogendra Pal Sharma is a practicing Advocate since 1980 and is having a roaring practice since last 35 years. Hence, it was urged that the need of the respondent is neither real nor genuine and a mere pretext to evict the petitioner.