In eviction proceedings based on bona fide requirement, the landlord's possession of alternative suitable accommodation is a material fact. When a tenant raises specific, plausible allegations regarding available vacant premises, the Rent Controller must adjudicate these claims; failure to address them creates a triable issue warranting a remand.

JUDGMENT :

AMIT SHARMA, J.

1. The present petition under Section 25B (8) of the Delhi Rent Control Act, 1958, (for short, ‘DRCA’) seeks the following prayers: -

“(i) Set aside and quash the order dated 09.08.2018 passed by Smt. Susheel Bala Dagar, CCJ cum ARC, Central District, Tis Hazari Courts, Delhi in Eviction Case No. 851/17;

(ii) Allow the application for leave to defend filed by the Petitioner;

(iii) Pass any other order in the interests of justice, equity and good conscience;”

2. At the very outset, it is pertinent to note that, during the pendency of the proceedings in the present petition, petitioner No.1-Subhash Chand had passed away on 10.05.2020. An application, CM APPL. 38454/2022, was filed on behalf of the legal heirs of the deceased petitioner No.1 under Order XXII Rule 3 read with Section 151 of the CPC, and they were impleaded in the present petition vide order dated 02.09.2022 passed by Worthy Joint Registrar (Judicial). The son of petitioner No.1 was already impleaded in the present petitioner as petitioner No.2, and by way of the aforesaid application, other legal heirs, i.e., Three daughters and wife of deceased petitioner No.1 were impleaded.

Brief Background

3. The present petition arises out of the eviction petition filed on behalf of the respondent against the present petitioners on the ground of bonafide requirement for using the tenanted premises as a storage space for his vast library as well as for the additional/old files of his clients. The respondent is an advocate by profession and has been practicing in the District Courts in Delhi as well as this Court for last 24 years. He is stated to be operating his office from his Chamber situated at 194, Civil Wing, Tis Hazari Courts, Delhi. The respondent required the demised premises urgently as his chamber was no longer sufficient for his professional purposes. He was facing severe space constraint in his chamber due to large number of Journals, files and miscellaneous papers. The entire space inside the chamber was stated to be occupied for the purpose of sitting space for client’s workstation for juniors and shelves to store books and files. The subject property was to be utilized by the respondent for lining the walls with open metallic shelves for keeping his extra client files with closed cupboards for keeping the books which are in his possession. It was stated in the eviction petition that the respondent was using a small portion comprising of one room measuring 10”x12” on the ground floor of the premises situated at 7/13 Ansari Road, Darya Ganj, New Delhi, and the said premises belonging to his brother and same was occupied in his capacity of a permissive user. It is further stated that, even otherwise, said premises are part of a residential unit, and are not appropriate to be used as an office. Brother of respondent had requested him to vacate the tenanted premises till the end of November 2017, i.e., 30.11.2017, as same was required by him for his own personal use. Brother of respondent had retired from conducting his business, and wanted to utilise the residential space available to him for his own use. It was further stated that the respondent was required to move/shift all his personal belongings including office furniture (tables and chairs) as well as the books and files which were earlier in his office at Ansari Road back to hi