LexBHUPINDER SINGH BAWA versus ASHA DEVI
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2016] 7 S.C.R. 807
BHUPINDER SINGH BAWA
A
v.
ASHA DEVI
(Civil Appeal No. 9941 of2014)
NOVEMBER 08, 2016
B
[SHIVA KIRTI SINGH AND R. BANUMATHI, JJ.]
Rent Control and Eviction:
Delhi Rent Control Act, 1958 - s. J.l(l){c) - Eviction - Bona
fide requirement - Eviction petition by respondent-landlady -
Ground of bona fide requirement of tenanted premises for the
purpose of business of her son - Allowed by the courts below by
recording concurrent findings - On appeal held: Additional Rent
Controller and the High Court rightly held that no alternative
premise was lying vacant for running business of respondent's
son - it was pe1fectly open to the landlady to choose a more suitable
premises for carrying on the business by her son and that the
respondent cannot be dictated by tenant as to from which shop her
son should start the business from - Concurrent findings recorded
by the courts below based on evidence and materials on record -
Thus, no infirmity warranting interference with the impugned
iudgment.
Anil Bajaj & Anr v. Vinod Ahuja 2014 (6) SCALE 572
- relied on.
Case Law Reference
2014 (6) SCALE 572
relied on
Para 12
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 9941
of2014.
From the Judgment and Order dated 28.07.2014 of the High Court
c
D
E
F
of Delhi at New Delhi in R. C. Rev. No. 245 of2014
G
Sunil Gt!pta, Sr. Adv., Rajesh Yadav, Vinay Garg, Jaspal Singh
Sethi, Dhananjay Mehlawat, Ad vs. for the Appellant.
Dr. Rajeev Dhawan, Sr. Adv., Arunabh Chowdhury. Vaibhav Tomar,
Ms. Barnali Chowdhury, Ms. Shruti Choudhry, Anupam Lal Das, Karma
807
H
808
SUPREME COURT REPORTS
[2016] 7 S.C.R.
A· Dorjee, Anirudh Singh, Advs. for the Respondent.
B
c
D
E
F
G
H
The following Order of the Court was delivered
ORDER
1. The present appeal has been filed by way of special leave against
the final judgment and order dated 28.07.2014 passed by the High Court
of Judicature of Delhi in R.C. Rev. No.245 of2014 dismissing the revision
petition filed by the appellant affirming the order of eviction passed by
the Tribunal and ordering his eviction from the suit scheduled premises.
2. Briefly, the facts are as follows: The suit scheduled premises,
bearing No. C-1 (old property No. 285) Basai Dara Pur, Sharda Puri,
Ring Road, New Delhi - I I 0015 comprises of two big rooms and one
small room as shown in red colour in the site plan Ex. PW-I /2. Appellant/
tenant was inducted as tenant .in the suit scheduled premises by the
erstwhile owner of the premises vi de Rent Deed dated 20.07 .1989.
Subsequently, the respondent/landlady acquired the premises under a
registered sale deed dated 11.12.2002. The respondent sought eviction
of the appellant from the suit premises by filing a petition under Section
14(1 )( e) of Delhi Rent Control Act, 1958 on the ground of bona fide
requirement. Respondent claimed that her son Sh. Vaibhav Maheshwari
required the premises for running his separate business of sanitary and
hardware products as the suit premises has a prime location for the said
business. Respondent's son was pursuing MBA at the time of the filing
of the eviction petition and completed the same in June, 2011.
3. The appellant controvetted the claim of bonajide requirement
set up by the respondent by maintaining that the son of the landlord is
employed as a Director in the company M/s. Jaishree Granites Pvt. Ltd.
and earns Rs.50,000/- per month. The appellant further contended that
respondent's husband is running business of marble and granite from
several locations in the city which can be preferably used to accommodate
the business of respondent's son. Following premises were suggested
as an alternative accommodation for running sanitary and hardware
business of respondent's son: Property No. 285-B, Basai Darapur, Sharda
Puri, Ring Road, New Delhi owned by husband of the respondent,
Property No. A-2/53, W.H.S., Kirti Nagar, New Delhi owned by husband
of the respondent, Property No. D-20 l, Mansarovar Garden, New Delhi
owned by husband of the respondent, Property Nos. 43, 44, 45 and 46
situated at Block-A-I, W.H.S., Kirti Nagar, New Delhi owned by the
BHUPINDER SINGH BAWA v. ASHA DEVI
company Mis. Jaishree Granites Pvt. Ltd, Property No. D~l2, Rajouri
Garden, Ring Road, New Delhi which is the registered office of the M/
s. Jaishree Granites Pvt. Ltd.
4. On a proper appreciation of facts and evidences available on
record, the Additional Rent Controller vide oExcerpt shown. Read the full judgment & AI analysis in Lexace.