IMPORTANT POINT
In summary eviction proceedings, the landlord need only establish a title better than that claimed by the tenant, and the court must balance the rights of the landlord and the tenant.

JUDGMENT

Girish Kathpalia, J. - By way of this petition brought under the proviso to Section 25B(8) of the Delhi Rent Control Act, the petitioner/tenant has assailed order dated 09.06.2023 of the learned Additional Rent Controller whereby in the proceedings under Section 14(1)(e) of the Act, application of the petitioner/tenant for leave to contest was dismissed and consequently an eviction order pertaining to the hall at second floor of property bearing No. G-I/2, Lawrence Road Industrial Area, Opposite Hanuman Dharamkanta, Delhi (hereinafter referred to as "the subject premises") was passed. On the basis of advance notice, respondents/landlords entered appearance through counsel. I heard learned counsel for both sides.

2. Briefly stated, the factual matrix, relevant for present purposes is as follows.

2.1. Shri Moti Lal Jain, the now deceased husband of the present respondent no. 1 and father of the remaining respondents filed eviction petition against the present petitioner on the grounds under Section 14(1)(e) of the Act pleading that the present petitioner was inducted as a tenant in the subject premises by its erstwhile owner Shri Om Prakash Sachdeva, who had acquired the larger premises No. G-I/2, Lawrence Road Industrial Area, Opposite Hanuman Dharamkanta, Delhi by way of Perpetual Lease Deed dated 28.10.1975 executed by the President of India through the Land & Housing Department of the Delhi Administration; that by way of Agreement to Sell dated 28.08.1991 and the attendant documents including a registered General Power of Attorney, after payment of the agreed sale consideration the said larger premises including the subject premises were purchased by Shri Moti Lal Jain from Shri Om Prakash Sachdeva; that the said larger premises are constructed upto second floor and situated in a commercial area and are occupied mainly by various tenants who are running their respective business from there; that the present petitioner is a tenant in respect of the subject premises shown in red colour in the site plan annexed with the petition; that subsequent to purchase of the subject premises by Shri Moti Lal Jain, the present petitioner/tenant attorned Shri Moti Lal Jain and started paying rent to him at a rate of Rs.3000/- per month; that the present petitioner is using the subject premises for the purpose of running his business of food grains and is a defaulter in payment of rent; that Shri Moti Lal Jain was running his business under the name and style of M/s Moti Lal & Sons in partnership with his sons Neeraj Jain and Deepak Jain from premises no. 2900A, Rui Mandi, Delhi and they need space for storage of grain stocks; that Shri Moti Lal Jain along with his son Neeraj and his brother-in-law was also running a partnership business under the name and style of Abhinandan Nath Trading Company from premises no. 2910, Rui Mandi, Delhi and they need large space for storage of grains; that sons of Shri Moti Lal Jain are also engaged in the business as contractor and builder under the name and style of M/s Anant Nath Builders Pvt. Ltd. for government contracts and for smooth running of this business, they also require 10-20 rooms to be used as godown; that Shri Moti Lal Jain and his sons are in bona fide need of the subject premises and they have no reasonably suitable alternate accommodation, so they seek eviction of the petitioner/tenant Kamal Kumar. As mentioned above, during pendency of eviction proceedings, Shri Moti Lal Jain passed away and was substituted with his wife and sons, who are respondents before this court.

2.2. Upon service of notice of the eviction petition, the present petitioner filed application for leave to contest, pleading that there is no relationship of landlord and tenant between the parties in respect of the subject premises; that he was occupying the subject premises as a tenant, running his business under the name and style M/s Nawal Electronics Industries since the year 1980 and on 17.07.1991 he purchased