SUPREME COURT OF INDIA
SHIVA KIRTI SINGH, R. BANUMATHI, JJ.
BHUPINDER SINGH BAWA – Appellant
Versus
ASHA DEVI – Respondent
CIVIL APPEAL NO. 9941 OF 2014
Decided On : 08-11-2016
2014 (6) SCALE 572 – Relied upon
Facts of the case:
The suit scheduled premises, comprises of two big rooms and one small room. 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 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.
The appellant controverted the claim of bona fide requirement set up by the respondent. Several premises were suggested as an alternative accommodation for running sanitary and hardware business of respondent’s son.
The Additional Rent Controller passed an eviction order in favour of the respondent and directed the appellant to vacate the suit scheduled premises in accordance with law.
The appellant filed revision petition before the High Court which was dismissed.
Finding of the Court:
There is no infirmity in the impugned judgment.
Result: Appeal dismissed.
ORDER
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.
4. On a proper appreciation of facts and evidences available on record, the Additional Rent Controller vide order dated 26.02.2014 in E. No. 249/2011, passed an eviction order in favour of the respondent and directed the appellant to vacate the suit scheduled premises in accordance with law. The Additional Rent Controller held that the respondent has established that the tenanted premise is required for her dependant son and that there is no alternative vacant accommodation suitably available for her son for his business. Aggrieved thereof, the appellant filed revision petition before the High Court challenging the order of eviction passed by Additional Rent Controller. The High Court vide impugned order dismissed the revision petition holding that no case is made out to interfere with the detailed order passed by the Additional Rent Controller decreeing the eviction petition of bona fide necessity. It was held that the respondent-Landlady and her son are at liberty to decide which premise is more suitable for running business of sanitary and hardware.
5. We have heard the parties at considerable length. No new contentions have been put forth by the parties before us. The appellant has alleged that the High Court erred in affirming the eviction decree passed by the Addl. Rent Controller as no case of bona fide necessity was established by the respondent. Allegedly, alternate accommodations were available for occupation of respondent’s son which were
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.