DELHI HIGH COURT
KHADI GRAMODYOG BHAWAN VERSUS SATVINDER KAUR AND ANR

CORAM:
HON’BLE MR. JUSTICE GIRISH KATHPALIA

Delhi Rent Control Act Section 14(1)(e) read with Section 25B The petitioner/tenant has challenged the order of eviction passed by the Additional Rent Controller in favor of the respondents/landlords The petitioner/tenant contends that the present respondents are not owners of the subject premises, insofar as the estate left behind by late ‘P’ was partitioned among his legal representatives and in that process, the subject premises fell to the share of ‘S’ Therefore, there is no jural relationship of tenancy between the parties Further, in order to establish its case, the petitioner/tenant seeks permission to place on record a letter dated 15.05.2003 addressed to it by ‘S’, which letter was discovered by it subsequent to passing of the impugned eviction order The respondents/landlords categorically denied having carried out any partition of the estate left behind by ‘P’ and claimed that they filed the eviction petition as co-owners of the subject premises The Court has examined the impugned order even on these counts and finds no infirmity in the same The Court also notes that the petitioner/tenant has not challenged the bonafide requirement of the respondents/landlords and non-availability of any other reasonably suitable accommodation Therefore, the Court upholds the order of eviction passed by the Additional Rent Controller.

Relevant Paras

15. As regards the bonafide requirement of the present respondents and other legal representatives of Shri Pratap Singh as well as availability of suitable alternate accommodation, no arguments were advanced before this court. However, as mentioned above, I traversed through the findings delivered by the learned Additional Rent Controller on these aspects. The relevant portion from the impugned eviction order is extracted below:
“12.3 As regards the requirement of petitioner being bonafide and non-availability of any other reasonably suitable accommodation to the petitioner, both the requirements are discussed simultaneously. In this regard, respondent has barely averred in his application for leave to defend that the petitioners have sufficient residential accommodation in their possession. He has failed to substantiate his ground by stating necessary details i.e. the details of alternative accommodation, if any owned by the
petitioners or how the present accommodation available with the petitioner is sufficient for them.
…..
12.5 It is also the case of the respondent that while it is claimed in the petition that 22 number of persons are residing in the premises but aadhar card of only 10 number of persons are filed. In this regard it must be noted that aadhar card of petitioner no.2 is filed.
As per petition, she is an old widow lady and her children are not residing with her but they are required to visit her and she needs additional space to provide for their accommodation and also for
her own personal needs like attached bathroom, puja room etc.
Further, aadhar card of petitioner no.1 is filed alongwith aadhar card of her two sons, two daughters-in-law and four grand children. The said aadhar cards are enough to show that petitioner no.1’s family consist of her two sons and their respective families,
who all are residing in the premises in question.
…..
12.7 It may further be noted that the respondent has nowhere disputed the site plan filed by the petitioners. As per the site plan and from the averments of the petitioners, it is apparent that the petitioner no.1. is in occupation of only two bed rooms, one bath
room, one kitchen, one dinning/room and petitioner no.2 is in occupation of only one bed room, one drawing room, one small kitchen, one bath room. Considering the size of their family members, there is no reason to believe that their need for the
tenanted premises is not bonafide”.

Findings delivered by the learned Additional Rent Controller on these aspects are sound and in accordance with law. In any case, as mentioned
above, the subject premises are in completely dilapidated condition and not being used by anyone, according to the documents on record.

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