VINOD GUPTA Vs. KAILASH AGGARWAL & ORS

JUDGEMENT

(1.) This Revision Petition challenges the order dated 06.05.2015 passed in Eviction Petition No.107/12 by the learned Additional Rent Controller, Saket Courts, New Delhi whereby an application filed by the petitioner seeking leave to defend the eviction petition was dismissed.

(2.) The respondents have filed an eviction petition under Section 14(1)(e) read with 25B of the Delhi Rent Control Act against the petitioners herein qua the rented premises viz., a shop admeasuring 14 Ft x 12 Ft along with the extended area of 10 Ft x 12 Ft situated on the ground floor of property bearing No.1351(MCD No.C-398, Nanak Chand Basti, Mohan Gali), Bhishm Pitamah Road, Wazir Nagar, Kotla Mubarakpur, New Delhi. The respondents have alleged to be the coowners/landlords of the entire property in which the tenancy premises is situated. It was purchased by the father of the petitioners vide registered Sale Deed dated 30th June, 1997. It was alleged by the respondents that the eldest daughter of respondent No.1 herein since has completed her professional course of architect and the respondent No.1 has to support her professional career as an architect hence require to open an office for his daughter for providing her full-fledged service of architecture, hence the shop premises which is on ground floor of the property, best suited for his daughter, is bonafide required for the office of his daughter and hence this eviction petition.

(3.) The petitioners filed leave to defend application wherein, primarily, they took two objections (a) the concealment on the part of the respondents qua 14 other properties in Delhi, suitable for the respondent's daughter to open her office of architecture and (b) the respondent's daughter since married during the pendency of the eviction petition hence there exist no cause to continue with the eviction petition and it ought to have been dismissed.