RAMESH KUMAR BABBAR Vs. RAJNI GARG

JUDGEMENT

(1.) By the present revision petition filed under Section 25B (8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the DRC Act) the petitioner/tenant seeks to impugn the order dated 01.10.2016 by which his application seeking leave to defend was dismissed and an eviction order was passed against him.

(2.) The respondent filed the present eviction petition under Section 14(1)(e) of the DRC Act seeking an eviction of the property being Shop No.2, 2120/58, Bank Street, Karol Bagh, New Delhi. It is contended that the respondent/landord is the owner of the suit premises vide registered sale deed dated 22.07.2010. The suit property was let out by the predecessor in favour of the petitioner in 1977 on a monthly rent of Rs. 125/-. The rent was subsequently increased to Rs. 400/- per month. It is stated that the adjoining shop being No.3 is owned by the petitioner/tenant and had been given on rent by the petitioner at Rs. 40,000/- per month. Now the said shop is lying vacant. It is further stated that the respondent is a house wife. Her eldest daughter Ms.Napur Garg is 22 years old and has completed her one year diploma from National Institute of Fashion Technology. She seeks to start her own boutique. The suit property is located in Karol Bagh which is a famous commercial market. As the suit property is situated at a good location, it is most suitable for the use of the daughter. Hence, the eviction petition.

(3.) The ARC by the impugned order noted that there is no dispute raised by the petitioner regarding relationship of landlord and tenant. On the availability of alternative suitable accommodation and bona fide requirement of the respondent, it noted that the petitioner though has made some wild allegations about availability of alternative suitable accommodation but has not placed on record any document to show that any of the said properties belongs to the respondent. Hence, the contentions of the petitioner were rejected. The ARC dismissed the application filed by the petitioner seeking leave to defend and passed an eviction order in favour of the respondent.