V.B.Gupta, J. - (1.)Present petition has been filed under Section 25B (8) of the Delhi Rent Control Act, 1958 (for short as ,,Act) against impugned order dated 2nd March, 2010 passed by Rent Controller (for short as ,,Controller) New Delhi. Vide impugned order, application for leave to defend filed by petitioner was dismissed and eviction order was passed in favour of respondent and against the petitioner.
(2.)Brief facts are that, respondent is the owner/landlord of one shop with covered verandah on ground floor being part of the property bearing no. C-IV/23, Amar Colony (Market), Lajpat Nagar-IV, New Delhi. Rent deed dated 1.1.74 was executed by the petitioner, whereby tenanted shop was let out to her at a monthly rent of Rs.180/. The shop is being used by the petitioner as general store since inception of the tenancy. Respondent, who is aged about 77 years, had been earning his livelihood by working in the field of sale and marketing of books. He was in employment of M/s India Books Distributors from 1981 to 2000, and worked as a Branch Manager with M/s Teksons Book Shop from 2001 to February 2008. Respondent, who is unemployed since 2008, has gained vast experience in the book trade during the period of his employment. Family of respondent consists of himself, his wife, four sons and their family namely; Sh. Dilbagh Kochhar, aged about 46 years having wife and two minor children, Sh. Sunil Kumar Kochhar, aged about 44 years having wife and two minor children, Sh. Raj Kumar Kochhar, aged about 43 years having wife and one minor daughter and Sh. Rajesh Kochhar, aged about 40 years having wife and one minor daughter.
(3.)Property bearing no. C-IV/23, Amar Colony (Market), New Delhi consists of half basement floor, ground floor, first floor, second floor and third floor. Basement floor is meant for storage and parking purpose. The tenanted shop is on the front side of the ground floor. In the back portion of the ground floor, elder son of respondent namely, Dilbagh Kochhar is running his office as a Chartered Accountant since 1996-97 and is dependent on the respondent for the purpose of said accommodation. First floor is occupied by the respondent, his wife and his son Sunil Kumar Kochhar and his family. The second floor of the building was sold by the respondent in 1997 and the same is not in possession and ownership of the respondent. The third floor of the building is in occupation of Raj Kumar Kochhar, son of the respondent. The fourth son of the respondent namely, Rajesh Kochhar is living separately in Sushant Lok, Gurgaon. Mr. Sunil Kumar Kochhar, who is living with the respondent on the first floor was also in the books trade and was in the employment of M/s Teksons Book Shop from May 2003 to April 2008. Mr. Sunil Kumar is no more employed with M/s Teksons, and has also gained a lot of experience in book trade. Respondent and his son Sunil Kumar Kochhar are unable to meet the expenses of life by the meager salaries and they wants to utilize their experience in the field of books trade by establishing their own joint business in the sale and marketing of the books in the tenanted shop occupied. Respondent and his dependent son Sunil Kumar, have no other alternative suitable property to carry out the business of the books, except the tenanted shop. The respondent, thus need the tenanted shop bonafidely for establishing his business jointly with his son Sunil Kumar Kochhar in the tenanted shop.