ORIENT TYRES Vs. ARJUN UPPAL

JUDGEMENT

(1.) This revision petition is filed under section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'DRC Act') seeking to impugn the eviction order dated 22.08.2016 passed by the Additional Rent Controller (hereinafter referred to as 'the ARC').

(2.) Respondent/Landlord had filed an eviction petition under section 14(1)(e) of the DRC Act for property being No. 1641, Shyama Prasad, Mukherjee Marg, Delhi-110006. The rent paid by the petitioner is stated to be Rs.131.79 per month. The respondents are joint owners of the property. It is urged that the respondent No.2 is a hotelier and is running a hotel under the name and style of M/s.New Royal Hotel from the first and upward floors of the property in question. The Eviction Petition has been filed for the bona fide need of respondent No.1 who has decided to open a plush restaurant for which he has got a project report prepared. It is urged that there are about 50 hotels in the vicinity of the tenanted property but there is no posh restaurant in the area. The respondent is said to require an area of approximately 5000 sq.ft. to open his restaurant and hence requires the entire ground floor portion to complete his project. Respondent No.1 is said to have sufficient knowledge and experience of working at the family hotel business since he has returned from Australia.

(3.) Pursuant to the present Eviction Petition the respondents filed their application for leave to defend. The said application was dismissed by the ARC as the petitioners failed to raise triable issues. An eviction order was passed in favour of the respondents and against the petitioners.