The judgment establishes the principle that a landlord's genuine need for premises for residential purposes, especially due to age and health conditions, justifies eviction of the tenant under the Delhi Rent Control Act.

P.K.BHASIN, J:

This petition under Section 25-B (8) of the Delhi Rent Control Act, 1958 (hereinafter called “the Act of 1958”) read with Sections 115 and 151 of the Code of Civil Procedure and Article 227 of the Constitution of India is at the instance of a landlady against the order dated 31.05.2010 passed by the learned Additional Rent Controller whereby her tenant in a shop belonging to her, the respondent no.1 herein, has been granted leave to defend the eviction petition filed against him by her under Section 14-D of the Act of 1958.

2. The relevant averments made in para no.18 (a) of the eviction petition are-produced below:-

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2. That the said premises were let out to the Respondent no. 1 by Late Laxmi Narain Gupta, the husband of the petitioner.

3. That Shri Laxmi Narain Gupta died on 13-09-2008.

4. That he is survived by the petitioner, his widow, Smt. Veena Gupta, the widow of his pre-deceased son, named Sh. Shri Niwas Gupta along with three grandsons, viz., Sh. Atul Gupta, aged about 37 years, Sh. Kamal Gupta aged about 31 years. Sh. Nitin Gupta aged about 30 years.

5. Henceforth, the petitioner has become co-owner of the suit premises along with her widowed daughter in law and grandsons who are respondents nos. 2 to 5 in the petition.

6. That the petitioner is an old lady, aged about 85 years.

7. That the petitioner……………………… due to her old age has been suffering with the ailments, like Hypertension, Ischemic Heart Disease with Angina, Kyphosis, Bilateral Osteo-Arthritis the petitioner is finding it difficult to climb up and down the stairs and has become medically unfit for the same due to her old age. She has been medically advised to avoid stairs or give any stress on her knees.

8. That the petitioner has been advised to avoid climbing the stairs and has been advised to live in some accommodation on the Ground Floor.

9. The suit premises forms part of and is situated in the front portion of ground floor of the said Property, in which the petitioner is currently residing with her other family members.

10. That presently the petitioner is residing on the first floor of the said building in which the suit premises is situated.

11. a. That the ground floor of the said property consists of a car garage marked „I? in the site plan. Portions marked „M? and „L? are two shops opening on the main road. The shop marked „M? is the suit premises „L? is in the possession of respondent no. 4 who is the grandson of the petitioner. He is running his business of mobile phones and accessories from the said premises. Portion marked „H? is the Drawing Room. There is one toilet and bathroom besides stairs, going to upper portions of the premises, in the rear portion of the said floor.

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c. That respondent no. 4 is running his business of mobile phones and accessories from one shop (marked „L? in the site plan) on the ground floor and respondent no. 1 is running his business of welding and fabrication in other shop (demised premises) marked „M? and coloured red in the site plan, as mentioned herein above.

d. That the first floor of the property consists of three bedrooms and kitchen, toilet and bathroom besides verandah. Room marked „A? is being used as bedroom by the petitioner, room marked „B? is being used as bedroom by Smt. Veena Gupta who is widow daughter-in-law of the petitioner, room marked „C? is being used as bedroom by respondent no. 4 and his family. Front Verandah is being used as Dining Room and Pooja Ghar.

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14. That the petitioner bona fide requires the tenanted premises for her own residential purpose for her use.

15. One grandson of the petitioner…………… is running an independent bu