SARLA DEVI Vs. ADISHWAR KUMAR JAIN

JUDGEMENT

(1.) The respondent is the landlord in respect of the petitioner who has been a tenant in premises described as shop no. 16, IInd floor, property no. 2490/XIII, Teliwara, Sadar Bazar, Delhi-110006. The respondent had filed a case for eviction (E. No.33/2010) on 25.09.2010 against the petitioner on the ground of bona fide need under Section 14(1)(e) of Delhi Rent Control Act, 1958. The petitioner upon being served had moved an application seeking leave to contest under Section 25B of Delhi Rent Control Act, 1958. The said application was dismissed and consequently the eviction petition of the respondent was allowed by order dated 29.02.2012 of the Rent Controller (North), Delhi, which is impugned by the revision petition at hand.

(2.) The case of the respondent (landlord) is that he is engaged in the business of timber, he having available to him certain portion at the ground floor of the same very property at the second floor of which the tenanted premises of the petitioner (tenant) is situate. His case primarily is to the effect that he needs the tenanted premises for arrangement of an office space where he can conveniently entertain his clients/customers, there being no other suitable alternative accommodation available for the purpose.

(3.) In the eviction petition, the landlord himself referred to certain other properties owned by him they including the property bearing municipal no.2799, ward XIII, New Qutub Road, now known as Pratap Market, Delhi-110006; property no. 2823, Gali Matkewali, Qutub Road, now known as Pratap Market, Delhi-110006; and four shops in the property no. 2490/XIII (Old), Teliwara, Sadar Bazar, Delhi-110006, i.e. property where his timber business is statedly run from the ground floor, on the second floor of which the tenanted premises is situate. While the other properties are described as not suitable, they being away from the timber business at the ground floor, it was stated that other shops in property no.2490/XIII are in occupation of "old tenants".