The court affirmed that a landlord's requirement for a tenant's eviction is bona fide if aimed at establishing a family member's business, with no obligation to prove alternative accommodations.

JUDGMENT

Subramonium Prasad, J.

1. The instant revision petition under Section 25-B (8) of the Delhi Rent Control Act, 1958, is directed against the Order dated 31.10.2015, passed by the learned SCJ-cum-Rent Controller, Patiala House Courts, Delhi, in Eviction Petition, being E.No.21/2015, dismissing the application filed by the Petitioner herein (hereinafter referred to as 'the Tenant') for leave to defend and evicting the Tenant from the property bearing Shop No. 16 (admeasuring approximately 160 sq. ft.) with a public Verandah (admeasuring approximately 120 sq. ft.) in front thereof at the address plot No.1, Block No.88, Lady Harding Road, New Delhi (hereinafter referred to as "the tenanted premises").

2. The facts, in brief, leading to the instant petition are as under:

i. It is stated that the mother of the Respondent herein (hereinafter referred to as 'the Land-lord') had purchased the tenanted premises vide sale deed dated 24.12.1979 and the Land-lord acquired the title of the tenanted premises by way of a gift deed dated 26.02.2020. It is stated that the tenanted premises was originally let out to the father of the Petitioner herein - Late Sh. C. D. Joseph at a monthly rent of Rs.39.80/- per month. It is stated that the father of the Petitioner was conducting his business at the tenanted premises under the name and style of M/s. Southland's @ South Indian Concern. It is stated that after the death of C. D. Joseph in the year 2006, physical possession of the tenanted premises came to be with the Petitioner herein/Tenant.

ii. It is stated that the Land-lord filed an eviction petition for evicting the Tenant on the ground that the Land-lord wants to establish his younger son - Rohit Aggarwal, who was about 23 years of age at the time of filing of the eviction petition. It is stated that Rohit Aggarwal does not own or possess any other accommodation of his own and requires the tenanted premises for carrying out the proposed business of ice-cream parlour/coffee shop/fruit juice parlour. It is stated that at present, the son of the Land-lord is assisting the Land-lord and his family members in the family business of M/s Bangla Sweet House and M/s Bangla Foods Pvt. Ltd. It is further stated that Rohit Aggarwal does not have any fixed place of business and he earns through some commissions and also receives some rental income from his proportionate share in property No.86, Baird Road, New Delhi, in which he has 25% share by way of a gift deed dated 28.06.2020 executed by the father of the Landlord - Atma Ram Aggrawal.

iii. It is stated that the Land-lord owns Shops No. 115 and 117, Baird Road, Plot No.1, New Delhi from where the business of M/s. Bangla Sweet House is running since 1959. It is stated that the Land-lord is one of the partners in the said business along with his brother and father by way of a partnership deed dated 01.04.1996.

iv. It is stated that the Land-lord also owns Shop No.18, Lady Harding Road, Delhi, which is under the tenancy of the LRs of one Sh. Ratan Lal. It is stated that the said shop is adjacent to the tenanted premises and is also required by the Tenant for settling his son. It is stated that an eviction petition for evicting the LRs of Sh. Ratan Lal from the said shop has already been filed.

v. It is stated that the Land-lord is also a licensee of Shop No.113, Baird Road, Plot No.1, New Delhi and his father - Atma Ram Aggarwal is a licensee of Shop No.111, Baird Road. It is stated that the Land-lord