Promila Chopra & Anr v. M/S Gupta Electricals

RAJIV SAHAI ENDLAW, J

SEPTEMBER 27, 2017 'pp'..

(Corrected and released on 23rd January, 2018).

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 27th September, 2017 + RC. REV.676/2015 PROMILA CHOPRA & ANR. ..... Petitioners Through: Mr. Atul Ahuja, Adv. versus GUPTA ELECTRICALS ..... Respondent Through: Mr. Rishi Manchanda and Mr. Anil Prakhra, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 16th October, 2015 in E-101/2015 of the Additional Rent Controller-2 (Central), Tis Hazari Courts, Delhi] granting leave to the respondent to defend the petition for eviction under Section 14(1)(e) read with Section 25B of the Act filed by the petitioners for eviction of the respondent from one shop in property no.53/27, Ramjas Road, Karol Bagh, New Delhi – 110 005. 2. Notice of the petition was ordered to be issued and the Trial Court record requisitioned. The counsel for the respondent appeared and the matter was adjourned from time to time. The counsel for the petitioners and the counsel for the respondent have been heard and the Trial Court record perused. 3. The two petitioners, namely Promila Chopra and Narinder Chopra filed the petition for eviction from which this Revision Petition arises, pleading (i) that the two petitioners are owners of part of property no.53/27, Ramjas Road, Karol Bagh, New Delhi; (ii) that the respondent is an old tenant in the shop aforesaid, in the part of the property in ownership of petitioners paying rent of Rs.334/- per month to the petitioners; (iii) that the petitioners are the owners of the shop in the tenancy of the respondent; (iv) that the family of the petitioner no.1 consists of two married sons, with the eldest son namely Dharminder Chopra also having two children aged 14 yours and 10 years; (v) that the accommodation in possession of the petitioner no.1 on the ground floor of property no.53/27, Ramjas Road, Karol Bagh, New Delhi comprises of one drawing room, two bed rooms, one small room which is used as a room for petitioner no.1, kitchen, bathroom and toilet, covered verandah and passage for entry and exit in the premises; (vi) that the family of the petitioner no.2 Narinder Chopra comprises of himself and his wife and they were having one drawing/living room and one bed room only on the first floor of property no.53/27, Ramjas Raod, Karol Bagh, Delhi besides kitchen and bathroom; (vii) that the accommodation available to the two petitioners in the property was insufficient and the petitioner no.1 requires the premises in the tenancy of the respondent for utilising the same for separate study room for her grandson who was studying in 10th class; and, (viii) that the petitioners or their family members do not own any other property in Delhi; (ix) that both the sons of the petitioner no.1 are employed drawing salary of Rs.12,000/- per month and Rs.50,000/- per month respectively and the daughters-in-laws of the petitioner no.1 are also employed drawing salary of Rs.14,000/- per month each. 4. The respondent sought leave to defend, stating (i) that the petitioner no.1, in or about the year 2005, had filed a petition for eviction against another tenant in the same property, on the ground of her requirement of the premises in possession of that tenant and had about a year prior to the institution of the petition for eviction against the respondent, recovered possession of the portion of the property in possession of that tenant namely Ram Nath Madan; (ii) that the requirement of the petitioners had been taken into consideration in the aforesaid petition for eviction against the other tenant; (iii) that thus the petition for eviction against the respondent was being filed for additional accommodation; (iv) at the time of filing of the petition for eviction against Ram Nath Madan aforesaid, another brother of the husband of the petitioner no.1 (besides the petitioner no.2) namely Mahinder Chopra was also alive and who has since died and the space occupied