Asha Sawhney and Ors v. Kamini Gupta & Ors

RAJIV SAHAI ENDLAW, J JULY 17, 2017 "pp" (corrected & released on 9th September, 2017)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17th July, 2017 + RC.REV. No.315/2017 & CM No.24585/2017 (for stay) ASHA SAWHNEY AND ORS ..... Petitioners Through: Mr. Rakesh Tiku, Sr. Adv. with Mr. P.P. Ahuja, Mr. Sandeep Kumar and Ms. Disha Ganjor, Advs. Versus KAMINI GUPTA & ORS ..... Respondents Through: Mr. Akshay Makhija and Mr. Vikas Bhadauria, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Caveat No.633/2017. 1. The counsel for the Caveator has appeared. 2. The Caveat stands discharged. RC.REV. No.315/2017 & CM No.24585/2017 (for stay). 3. This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order (dated 3rd February, 2017 in E.No.339/14/08 (New No.79410/2016) of the Court of Additional Rent Controller-02, Central District, Tis Hazari Courts, Delhi) of dismissal of the application filed by the petitioners / tenants for leave to defend the petition for eviction filed by the respondents / landlords under Section 14(1)(e) of the Act and the consequent order of eviction of the petitioners / tenants from the ground floor of property no.8539, Plot No.4, Arakashan Road, Ram Nagar, Pahar Ganj, Delhi – 110 055 in the tenancy of the petitioners / their predecessor since 1st June, 1973 at a rent of Rs.94/- per month. 4. The counsels have been heard. 5. The senior counsel for the petitioners / tenants during the hearing has not controverted that the respondents are the owners of the premises in the tenancy of the petitioners and that there exists a relationship of landlord and tenant between the respondents and the petitioners. 6. Shri. V.K. Gupta being the late husband of the respondent no.1 and the father of the respondents no.2&3 sought eviction of the petitioners / tenants from the aforesaid premises pleading (i) that the premises in the tenancy of the petitioners comprised of one shop ad measuring 13" 4" x 12" and one godown ad measuring 10" 2" x 8" 7"; (ii) that the said V.K. Gupta was a B.Com (Hons.) graduate and a retired Chairman and Managing Director of M/s. NEPA Ltd. (a Government of India Enterprises) and had also done his LL.B and was enrolled as an Advocate; (iii) that the said V.K. Gupta was a business law consultant and carrying on his consultancy office from a small portion ad measuring 150 sq. ft. of property no.11, Ram Nagar, New Delhi – 110 055; that the property no.11, Ram Nagar, New Delhi was situated in a narrow lane and was at quite a distance from main Qutub road; (iv) that there was no space for parking of vehicles also near about the property no.11, Ram Nagar, New Delhi and the clients of the said V.K. Gupta could only reach the office of V.K. Gupta with great difficulty and wasting a lot of time and which was resulting in not many clients opting to consult the said V.K. Gupta; (v) that the said V.K. Gupta needed a bigger office to attract more clients; (vi) that the premises in the tenancy of the petitioners were most suitable for the requirement of V.K. Gupta; (vii) the premises in tenancy of petitioners is situated in an uncongested portion near the main Qutub road, with a lot of parking spaces near about it; (viii) that the said V.K. Gupta required the premises in the tenancy of the petitioners to shift his own office and to help his wife in managing and running the hotel Rama Inn; (ix) that on the ground floor of the property, besides the portion in the tenancy of the petitioners, one portion was occupied by M/s. Indo Arya Central Transport Ltd. (IACTL) and the remaining small portion left was being used as small office, lobby and reception of the Hotel M/s. Rama Inn being run by the wife of the said V.K. Gupta (who after his death is respondent no.1) on the upper floors of the property; (x) though there were 26 rooms available for providing boarding and lodging facilities on the upper floor but only 18 were being utilised for the said purpose as the remaining eight rooms were not allowed to be used for boarding and lodging becaus