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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: November 21, 2025

% Pronounced on: December 19, 2025

+ RC.REV. 395/2024

OM PRAKASH .....Petitioner

Through: Mr. Sumit Gaba, Adv.

Versus

DEVKI NANDAN BAJAJ .....Respondent

Through: Mr. Amit Saxena, Mr. Santosh Kr.

Sharma, Mr. Mridul Sharma, Ms.

Shalini Mishra and Mr. Vasu Singhal,

Advs.

CORAM:

HON’BLE MR. JUSTICE SAURABH BANERJEE

J U D G M E N T

1. The petitioner/ landlord, Hereinafter “landlord filed an Eviction petition being RC/ ARC 60

of 2019 against the respondent/ tenant, Hereinafter “tenant qua shop no.3 situated in plot No.166,

Shyama Prasad Mukherjee Park, Tilak Nagar, New Delhi-110 018, Hereinafter “subject premises under

Section 14(1)(e) of the Delhi Rent Control Act, 1958, Hereinafter “DRC Act, before the learned

Additional Rent Controller, West District, Tis Hazari Courts, Delhi, Hereinafter “learned ARC

2. Succinctly put, the landlord, father of a married daughter and two

unmarried daughters, in his Eviction Petition sought eviction of the tenant

RC.REV. 395/2024 Page 1 of 9

Signature Not Verified

Digitally Signed

By:BABLOO SHAH

Signing Date:19.12.2025

16:14:38

from the subject premises from a property comprising of six shop(s), of

which shop nos.4 and 5 were lying vacant and shop nos.1, 2 and 6 were

occupied by third parties. As per landlord, he had kept shop nos.4 and 5 aside

for his two unmarried daughters, who were to start their respective

professions/ businesses therefrom. There was a bona fide requirement of the

subject premises by him, as he was a retired senior citizen who intended to

commence a strain-less business of grocery/ confectionery outlet from there

as it was the largest shop, and as he had no other suitable alternative

accommodation available with him. He also professed that the subject

premises would be inherited by his only married daughter after his death.

3. Upon being served, the tenant filed an application seeking leave to

defend under Section 25B (4) and (5) of the DRC Act, primarily contending

that the landlord did not disclose the vocation and qualifications of his two

unmarried daughters, who would carry out a business from shop nos. 4 and 5,

as also that since the landlord had suitable alternative accommodations

nearby the subject premises as also other properties at Indira Park, Near

Jeewan Park, Uttam Nagar, New Delhi, there was no bona fide requirement

of the subject premises by the landlord.

4. In response, as per landlord, the two unmarried daughters planned to

start a business in accordance with their attainments in order to supplement

the income of their old parents and to fulfil their own needs.

5. Thereafter, since the tenant was able to raise triable issue qua the bona

fide requirement, the learned ARC allowed his application seeking leave to

RC.REV. 395/2024 Page 2 of 9

Signature Not Verified

Digitally Signed

By:BABLOO SHAH

Signing Date:19.12.2025

16:14:38

defend vide order dated 08.05.2023. The tenant then reiterated his case as

earlier in his written statement.

6. After both parties leading evidence, the learned ARC passed a detailed

judgment dated 14.08.2024, Hereinafter as “impugned judgment holding bona fide requirement has to be

necessity and cannot be a mere desire or to do things in the near future; as

also that the landlord failed to prove the vocation of the two unmarried

daughters; and that shop nos.4 and 5 were indeed suitable alternative

accommodations for satisfying the bona fide requirement of the landlord.

7. Hence, the present revision petition filed by the landlord seeking

setting aside of the impugned judgment dated 14.08.2024 passed by the

learned ARC.

8. This Court on 23.12.2024 had issued notice and thereafter on

29.10.2025, passed the following order:-

“1. Learned counsel for the petitioner/ landlord has

concluded his arguments, during which he emphasised that the

impugned order, being based on conjectures and surmises, is

liable to be set aside, especially for the reason that despite all

the material on record before the learned ARC wh