An unauthorized colony cannot be considered as alternate suitable accommodation under the Delhi Rent Control Act, 1958.

RAJIV SAHAI ENDLAW, J.

1. This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 29th April, 2017 in RC ARC No. 6053/2016 of the Court of Senior Civil Judge (SCJ)-cum-Rent Controller (South), Saket Courts, New Delhi] of eviction, after full trial, of the petitioner/tenant from shop No. 5, DDA Market, Safdarjung Development Area (SDA), Hauz Khas, New Delhi in pursuance to a petition filed by the respondent/landlady under Section 14(1)(e) of the Act.

2. The counsel for the petitioner/tenant has been heard.

3. The counsel for the petitioner/tenant during his arguments has not controverted that the respondent/landlady is the owner of the shop and/or that there is relationship of landlord and tenant between the respondent/landlady and the petitioner/tenant. Thus the discussion hereinafter is confined to the aspects of, whether the respondent/landlady during trial has established a bona fide requirement for the premises in the tenancy of the petitioner/tenant and whether the respondent/landlady has any alternate, suitable accommodation available to her from which the requirement, pleading which the petition for eviction was filed, can be satisfied.

4. The counsel for the petitioner/tenant has at the outset drawn attention to the petition for eviction filed on 30th July, 2008 in para 18(a) whereof the landlord is required to specify “the ground on which the eviction of the tenant is sought” and whereunder the respondent/ landlady stated as under:

“That the premises in question is required by the landlord for her bona-fide requirement to settle her only son, who is doctor for opening his clinic therein.”

It is emphasised that the case with which the respondent/landlady approached the Court was of requirement of the premises in the tenancy of the petitioner “to settle her only son” and for “opening his clinic therein.”

5. Attention is next invited to the cross-examination recorded on 6th November, 2015 of Dr. Vivek Garg being the son of the respondent/landlady where he has deposed (i) that he completed his MD in Medicine in the year 1997; (ii) that he did his residency in Ram Manohar Lohia Hospital and in Safdarjung Hospital and thereafter in the year 1999 started his private practice as a medical practitioner from premises No. D-3/2 B, Ratiya Marg, Sangam Vihar, New Delhi; (iii) that the said property at Sangam Vihar ad-measures 70 Sq. yds. (iv) that the said property at Sangam Vihar was initially taken by him on rent in or about the year 1999 and purchased by him in the year 2003; (v) that the Sangam Vihar property is a residential property; (vi) that the Sangam Vihar property is three storeyed but he was using only the ground floor thereof for medical practice and the rest is lying vacant; (vii) denying the suggestion that he was using the entire property for running the medical practice; (viii) admitting that he was carrying on his medical practice from the said premises in the name of Dr. Vivek Garg Hospital.

6. The counsel for the petitioner/tenant next draws attention to Ex.PW1/X2, being a document with which the counsel for the petitioner/tenant confronted the respondent/ landlady in cross-examination and on which the respondent/landlady admitted, being the medical prescription of the son of the respondent/landlady on the letter head of “Medicare Clinic and Laboratory Dr. Vivek Garg Hospital” showing the clinics at C-1/39, SDA, Hauz Khas, New Delhi and D-3/2 B, Ratiya Marg, Sangam Vihar, New Delhi.

7. The counsel for the petitioner/tenant has argued (i) that the respondent/landlady along with her son was earlier residing at C-1/39, SDA, Hauz Khas, New Delhi and which property has been sold in the year 2004 and the respondent/landlady and her son have purchased a house in Kalkaji, New Delhi; (ii) that while the shop in the tenancy of the petitioner/tenant ad-measures 132 sq. ft. the Sangam Vihar property ad-measures 70 sq. yd. and admittedly comprises of ground floo