KULDEEP SINGH Vs. SANJAY AGGARWAL

JUDGEMENT

(1.) This revision petition is filed by the petitioner/tenant under Section 25B (8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the "DRC Act") seeking to impugn the eviction order dated 05.11.2015 passed by the court of Rent Controller.

(2.) The landlord/respondent let out the property i.e. a shop part of Khasra No. 642, Village Chandrawali, Shahdara, Delhi to the petitioner/tenant. The respondent filed an eviction petition under section 14(1)(e) of the DRC Act. It was stated in the eviction petition that the premises was required by the respondent bona fide for his wife who is completely dependent on him for the purpose of her livelihood. It was pleaded that the respondent/his wife had no other reasonable or suitable commercial premises available except the said tenanted shop for carrying out her work.

(3.) The Addl. Rent Controller(ARC) by the impugned order dated 05.11.2015 dismissed the application for leave to defend of the petitioner and passed an eviction order in favour of the respondent and against the petitioner. The ARC on the issue of landlord and tenant relationship rejected the claim of the petitioner holding that the petitioner was running the shop in the capacity of a tenant and cannot claim title to the property based on adverse possession. He also rejected the plea of the petitioner that the eviction petitioner was barred under Section 14(6) of the DRC Act inasmuch as the property originally belonged to the father of the respondent, namely, Sh.Yogender Pal Aggarwal. On his demise, the respondent in any case had 1/4th share. Merely because some of the family members executed relinquishment deeds in favour of the other joint owners, it cannot be said that a new right was created in favour of the respondent. The requirement of the respondent was held to be bona fide. It was also held that there was no other suitable accommodation available with the respondent.