Landlords must demonstrate bona fide need for eviction; tenant's claims of alternative accommodations are to be assessed based on suitability for intended professional use.

JUDGMENT

Najmi Wazri, J. (Oral)

The hearing has been conducted through hybrid mode (physical and virtual hearing).

1. The petitioners impugn the order dated 24.10.2019 passed by the learned Additional Rent Controller (`ARC'), Patiala House Courts, New Delhi, granting the respondent-tenant Leave to Defend, in the petitioner's application seeking the tenant's eviction under section 14(1) (e) of the Delhi Rent Control Act, 1958. Since 1983, the tenant is in occupation of the tenanted premises comprising two rooms-one large and one small, one pantry, one wash room and an open area in the rear portion of the building numbered as 82/10, First Floor, Tolstoy Lane, Janpath, New Delhi. The property is located in New Delhi's most prestigious commercial area. The tenanted area marked in the site plan filed with the eviction petition is reproduced hereunder:

2. The son and daughter-in-law of petitioner no.1 are professionals. Since 2009 the son is a practicing advocate in Delhi, his wife is a Chartered Accountant. They are dependent upon petitioner no. 1 for their office accommodation and would like to be provided the same at the earliest so that they can firmly establish and augment their professional career. According to them, there can be no other place more suitable, convenient and a more prestigious, address than the tenanted premises which lies in the heart of New Delhi, i.e. Connaught Place.

3. There is no dispute qua the existence of landlord-tenant relationship. The petitioners/landlords have brought on record documents to show their right and title in the property. It has been mentioned in the impugned order as under:

"...

4. In support of their case, petitioners have filed the documents viz. Copy of ID proof of petitioner, copy of memorandum, copy of rent receipts, copy of the cheque, copy of the letter dated 19.02.1997, copy of the lease deed, copy of lease deed: 2008, copy of lease deed dated 14.02.2011, copy of memorandum of agreement dated 07.06.2013, copy of Will dated 13.06.2013, copy of settlement agreement dated 23.08.2013, copy of lease deed dated 30.08.2013, copy of cheque, copy of graduation degree along with certificates, copy of the site photograph, copy of the site plan map...."

4. The sole reason why the leave to defend was granted is that the tenants had made out a triable case apropos the petitioners/landlords having alternate accommodation in the vicinity.

5. In the leave to defend application, the respondent/tenant has contended that the landlord owns: i) a property bearing no.2, Commissioner Lane, Civil Lines, Delhi-110054, where four people reside, ii) property nos. 82 & 84 Tolstoy Lane, Janpath, which are composite properties and there are a lot of vacant portions available therein; iii) petitioner no.1 is "stated to be occupying" 200 sq. ft. of area on the ground floor of property bearing no. 82, Tolstoy Lane, Janpath; iv) the petitioners have let out 2673 sq. ft. of the first floor to a tenant and some portion to ICICI Bank on the ground floor and; v) the petitioners also own a property in Bazar Sitaram, Delhi.

6. It is the tenant's contention that the leave to defend has rightly been granted because the landlord is seeking additional accommodation whereas, he is already in possession of alternate vacant space in the same building one unit-room on the ground floor, which was earlier occupied by the bank, now stands vacated.

7. In the eviction petition, th