PRABHU DAYAL Vs. LEKH RAJ

JUDGEMENT

(1.) The respondent had filed a case (E. No.113/2011) for eviction against the petitioner on 14.09.2010 on the ground of bona fide need under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 in respect of premises described as shop forming part of property bearing No.618/5-F, Near Ravidas Mandir, Vishwas Nagar, Shahdara, Delhi, as shown in colour red in the site plan (Ex.PW-1/A) submitted with the petition.

(2.) Having regard to the ground for eviction, additional rent controller (ARC) applied the procedure envisaged in Section 25-B of the Delhi Rent Control Act, 1958. The petitioner on being served with the said summons under Section 25-B of the Delhi Rent Control Act, 1958, moved an application seeking leave to contest, which was granted by order dated 06.08.2011. The case was thereafter put to trial, it eventually resulting in eviction order being passed by judgment dated 06.09.2012 in favour of the respondent. It is the said order which is under challenge by the petition at hand.

(3.) The respondent had pleaded before the ARC that he is the owner of the property of which the tenanted portion forms a part, he having let out the said portion to the petitioner in March, 2002, the tenancy being oral at a rental of Rs.300/- per month for running a milk dairy, the petitioner having stopped such user, having kept the shop closed for the last four years, not even paying rent after the last payment for the month of May, 2005. The respondent claims that he is a cobbler by profession and that he has been earning his livelihood by working for gain in that capacity from a pavement in the area of Vishwas Nagar, Shahdara, Delhi. He sought eviction on the ground that he is a person skilled in his profession and wants to establish himself in a proper premises and, thus, requires the said shop for his own needs.