The plea of availability of alternative accommodation must be supported by material, and it is not for the tenant to dictate to the landlord how to accommodate himself.

JUDGMENT :

SACHIN DATTA, J.

1. The present revision petition filed by the petitioner under Section 25-B(8) of the Delhi Rent Control Act, 1958 (the ‘DRC Act’) assails the eviction order dated 13.11.2018 passed in Eviction Petition No. E-100/15 (new no. 80422/2016). Vide the said order, the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner. Consequently, the respondent has been held entitled to recover possession of the tenanted premises i.e. ground floor portion of the property bearing municipal no. 70, Kucha Sukha Nand Dariba Kalan, Delhi-110006 (the ‘tenanted premises’).

2. Notice in the present petition was issued on 13.02.2019. As recorded in the order dated 05.11.2019, learned counsel for the petitioner prayed for some time to take instructions with regard to grant of some reasonable time to vacate the tenanted premises. Thereafter, matter could not be taken up. In the meantime, the original respondent/landlord died. The legal heirs of the original respondent were brought on record on 08.04.2021. An application was filed by the respondent seeking disposal of petition in terms order dated 05.11.2019 since reasonable time as prayed for by the petitioner on 05.11.2019 had already expired. However, learned counsel for the petitioner submitted that he would like to argue the petition on merits. Accordingly, the record has been perused and respective counsel for the parties have been heard.

3. The eviction petition was filed under Section 14(1)(e) of the DRC Act on the assertion that the tenanted premises was required for the purpose of bona-fide requirement of the respondent, which is set out in the following terms in the eviction petition:

“6. That the sons of the petitioner do not have any other premises from which the sons of the petitioner could have run their independent business. It is worthwhile to mention here that the family business of the petitioner and of his children is of gold smith and for preparation of the jewellery articles. It is worthwhile to mention here that the sons are in joint business with their father i.e. the petitioner and all of them wanted to do their independent business and therefore, the tenanted premises is required to the sons of the petitioner to do the business activities from the tenanted premises separately and independently without having any obstruction from any corner.

7. The suit/tenanted premises is located in the commercial heart of old Delhi viz. Chandni Chowk and which Chandni Chowk area is extremely well connected having almost adjacent to it within a short distance/stones through distance of the Inter-state Bus Terminal of Kashmere Gate, Old Delhi as also the Metro Station of Inter-state Bus Terminal. Beside: the suit/tenanted premises being situated in a sough, after and busy commercial area. The tenanted premises are ideally located and thus easily/conveniently accessible for outstation persons who come to Delhi from nearby small cities or towns etc. These customers will be able to access and come to the shop/showroom which sons of petitioner want to open in the suit/tenanted premises. It is also relevant that the tenanted premises is located on the main road connecting the Inter-state Bus Terminal Kashmere Gate and its Metro Station to the northern side entrance of the Old Delhi Railway Station and both of which are situated at barely a distance of about a kilometre from the suit/tenanted premises.

8. That it is the last wish of the petitioner to get settled his son individually and separately in the business activities as the son of the petitioner is fully dependent upon - him for residential as well as business activities.

9. That the tenanted premises is situated at ground floor of the main road of Chandni Chowk from where the sons of petitioner could have called the customer who are passersby and can also attract the customer by opening a showroom, thus the suit premises is most suitable accommodation to the sons of petitioner in al