SHANTI DEVI Vs. KANTA DEVI & ANR

JUDGEMENT

(1.) The petitioner concededly has been a tenant under the respondents in respect of premises described as a portion of private shop No.2087, Katra Tambaku, Khari Baoli, Delhi-110006. The respondents/landlords had instituted a case (E. No.378/14/09) on 24.08.2009 against her on the ground of bona fide need of the said premises invoking the provision contained in Section 14(1)(e) of the Delhi Rent Control Act, 1958. The case was contested, after grant of leave to defend, by the petitioner/tenant, both sides leading evidence. On conclusion of the trial, the learned additional rent controller (ARC), by judgment dated 09.04.2015, rejected the contentions of the petitioner and has granted the eviction order in favour of the respondents which is under challenge by the revision petition at hand.

(2.) The second respondent is son of the first respondent, her daughter (Manju Gupta) has concededly been living in her matrimonial home since her marriage in 1984, she being a widow at the time of filing of the eviction case. The eviction petition was accompanied by site plan (Ex.PW-1/1) which depicts the tenanted premises - shop No.2087, - as rectangular in shape and size of 9 ft. x 13 ft. The site plan would vaguely show the premises to be flanked by other premises described as "other's shop's" on both sides, the impression created being that the adjoining premises on either side were shops of some other person.

(3.) In the course of trial, the second respondent Girish Kumar appeared as the sole witness (PW-1) for the landlords, on the strength of his affidavit (Ex.P1). Some better light came to be thrown on the site plan (Ex.PW-1/1) during his cross-examination wherein the portions of one side of the property were referred to as 'A' and 'B', such portions clarified to be forming part of property bearing No.2089 and the portions on the other side referred to as 'C' and 'D' to be forming part of property bearing No.2085.