BATUK PRASAD JAITLY Vs. RAJESH CHUGH

JUDGEMENT

(1.) The present petition is filed under Art. 227 of the Constitution of India seeking to challenge the order dated 20.01.2015 by which an eviction petition filed by the petitioner/landlord was dismissed.

(2.) The petitioner filed an eviction petition under Sec. 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) seeking eviction of the tenant/respondent on the ground of bona fide requirement. The eviction was sought regarding property No. V/884, Nai Sarak Road, Main Road, Delhi. It was averred by the petitioner that the petitioner is running a saree business in the name and style of M/s Mallika Collections from the premises No. 874/110, Gali Jutewali, Nai Sarak, Delhi. The business is being run from the first floor and above. The size of the existing premises is said to be about 28' x 11'. Most of the customers are said to be ladies about 40 years old. The tenanted shop is two buildings away from the premises of the petitioner. Hence, the said tenanted shop is required urgently and bona fide by the petitioner for the purpose of shifting his business to the ground floor. He presently has no other premises on the ground floor. In the event he shifts his business to the ground floor, the petitioner will be able to maintain his office in the property at Gali Jutewali. The tenanted shop is situated on the main Nai Sarak Road whereas the present business property of the petitioner is in a gali inside the street.

(3.) The petition was filed in 2009. The respondent filed their application seeking leave to defend. The Additional Rent Controller (hereinafter referred to as the ARC) dismissed the said application for leave to defend and passed an eviction order on 30.11.2010. This court by order dated 02.01.2014 in a revision petition filed by the respondent allowed the same and quashed the order of the ARC dated 30.11.2010 and granted leave to defend to the respondent to contest the petition. Paries have led their evidence. The petitioner led the evidence of three witnesses, namely, PW-1-Batuk Prasad Jaitly, PW-2 Hanuman Prasad Bansal and PW-3 Hemant Bhatia from the office of Sub-Registrar. The respondents led his own evidence as RW-1.