Point of Law: Bona fide requirement of land lord - Landlord is the best Judge of his requirement and Courts have no concern to dictate to the landlord as to how and in what manner he should live.

JUDGMENT :

Jayant Nath, J.

1. I may at the outset note that after arguments were heard and judgment was reserved, the respondent moved an application CM No.13409/2021 praying for dismissal of the present petition as having become infructuous as peaceful possession of the demised premises had been taken over on 19.03.2021 by the respondent. The matter was thereafter adjourned on several dates on account of non-availability of either of the learned counsel.

2. Learned counsel for the respondent has in the present application vehemently relied upon various orders passed by this court to hold that once possession has been regained by the respondent/landlord the revision petition is rendered infructuous.

3. Learned counsel for the petitioner/tenant does not deny that in the Execution Proceedings the respondent/landlord has received physical possession of the property in question. He denies that the present petition is infructuous.

4. Reference may be had to the judgment of a Co-ordinate Bench if this court in Neelam Sharma vs. Ekant Rekhan, (2019) 256 DLT 750 wherein the court held as follows:-

“15. The possession of the shop in question admittedly is taken over by the respondent on 30.8.2018 in Execution Proceedings, hence, even otherwise, this petition has become infructuous.”

5. Reference may also be had to a similar observation made by another Co-ordinate Bench of this court in RC. REV. 255/2014 Kuldeep Kumar Meena & Ors. vs. Supreme Motors Ltd, wherein on 04.02.2016 this court passed a similar order holding that the petition has become infructuous as the petitioner has received possession of the suit property.

6. In view of the aforesaid judgments of the co-ordinate Bench, it is manifest that the present petition is infructuous.

7. However, in the interest of justice, I have also considered the impugned order on merits. Hence, I may deal with the submissions of the petitioner whereby it has been strongly urged that the impugned order passed by the learned ARC is liable to be set aside by this court and possession restored.

8. This petition is filed under Section 25-B of Delhi Rent Control Act (hereinafter referred to as 'The DRC Act'), 1958 seeking to impugn the eviction order dated 15.11.2019 pertaining to property being ground floor bearing Municipal No. 6449, Katra Baryan, Fatehpuri, Delhi -110006.

9. The respondent/landlord had filed a petition for eviction under Section 14 (1) (e) read with Section 25-B of the Delhi Rent Control Act, 1958 on ground of bona fide requirements.

10. It was pleaded in the petition that the respondents are the co-owners / landlord of the said shop in question and require the same bonafidely for their own use, for the purposes of manufacturing of sweets and for extension of the counter of their shop. It is stated that respondents are running their business of selling sweets and catering (Halwai) by the name and style of M/s Chaina Ram which is very famous in the area of the walled city. The said business is at a stone throwing distance from the premises which is subject matter of this petition, it is further stated that sweets and other eatable items are being manufactured on the upper floors of such property No. 6449 to 6452, Katra Baryan, Fatehpuri, Delhi -110006. It is further stated that every year throughout the festive season i.e. Raksha Bandhan, Teej, Diwali, Bhaiya Dooj, Eid, Holi and Lohri the respondents have to arrange rented accommodation near the halwai shop, M/s Chaina Ram for sale of sweets and storage etc. and have to pay exorbitant rent for the said rented premises. Further, it is stated that manufacturing on the upper floors is costly as it involves loading and unloading for which extra amount has to be paid for upper floors. At present, the manufacturing space is insufficient. The respondents do not own any reasonably suitable accommodation except the premises in question. The respondents are in bona fide need of the premises No. 6449 to 6452, Katra Baryan, Fatehpuri, Delhi -110006 for th