BHUPINDER SINGH BAWA Vs. ASHA DEVI
SUPREME COURT OF INDIA
Bhupinder Singh Bawa
Click here to view full 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.;
Copyright © Regent Computronics Pvt.Ltd.