BHUPINDER SINGH BAWA Vs. ASHA DEVI
LAWS(SC)-2016-11-38
SUPREME COURT OF INDIA
Decided on November 08,2016

Bhupinder Singh Bawa Appellant
VERSUS
ASHA DEVI Respondents

JUDGEMENT

- (1.) The present appeal has been filed by way of special leave against the final judgment and order dated 28.07.2014 passed by the High Court of Judicature of Delhi in R.C. Rev. No.245 of 2014 dismissing the revision petition filed by the appellant affirming the order of eviction passed by the Tribunal and ordering his eviction from the suit scheduled premises.
(2.) Briefly, the facts are as follows: The suit scheduled premises, bearing No. C-1 (old property No. 285) Basai Dara Pur, Sharda Puri, Ring Road, New Delhi ­ 110015 comprises of two big rooms and one small room as shown in red colour in the site plan Ex. PW-1/2. Appellant/tenant was inducted as tenant in the suit scheduled premises by the erstwhile owner of the premises vide Rent Deed dated 20.07.1989. Subsequently, the respondent/landlady acquired the premises under a registered sale deed dated 11.12.2002. The respondent sought eviction of the appellant from the suit premises by filing a petition under Section 14(1)(e) of Delhi Rent Control Act, 1958 on the ground of bona fide requirement. Respondent claimed that her son Sh. Vaibhav Maheshwari required the premises for running his separate business of sanitary and hardware products as the suit premises has a prime location for the said business. Respondent's son was pursuing MBA at the time of the filing of the eviction petition and completed the same in June, 2011.
(3.) The appellant controverted the claim of bona fide requirement set up by the respondent by maintaining that the son of the landlord is employed as a Director in the company M/s. Jaishree Granites Pvt. Ltd. and earns Rs.50,000/- per month. The appellant further contended that respondent's husband is running business of marble and granite from several locations in the city which can be preferably used to accommodate the business of respondent's son. Following premises were suggested as an alternative accommodation for running sanitary and hardware business of respondent's son: Property No. 285-B, Basai Darapur, Sharda Puri, Ring Road, New Delhi owned by husband of the respondent, Property No. A-2/53, W.H.S., Kirti Nagar, New Delhi owned by husband of the respondent, Property No. D-201, Mansarovar Garden, New Delhi owned by husband of the respondent, Property Nos. 43, 44, 45 and 46 situated at Block-A-1, W.H.S., Kirti Nagar, New Delhi owned by the company M/s. Jaishree Granites Pvt. Ltd, Property No. D-12, Rajouri Garden, Ring Road, New Delhi which is the registered office of the M/s. Jaishree Granites Pvt. Ltd.;


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