- (1.)This petition under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') is filed by the petitioner/tenant impugning the judgment of the Additional Rent Controller dated 09.5.2013 by which the Additional Rent Controller has dismissed the leave to defend application and decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the suit/tenanted premises being one shop on the ground floor of the property bearing no.B-9, Subhash Chowk, Laxmi Nagar, Delhi.
(2.)The case as set up by the respondent/landlord was that he did his BTech in the year 2005 and MBA in the year 2007, whereafter he worked as an Assistant Marketing Manager with Havells India Ltd. from 2007 to 2010.
The respondent/landlord thereafter in 2010 left the job and got the dealership of electronic goods with Bluestar and Mitsubhishi Company. He has filed the documents showing his dealership with the said companies. The respondent/landlord stated that he had taken on rent a tenanted premises at 471, Patparganj, Delhi as a godown at a monthly rental of Rs.10,000/- and he wants to use the tenanted shop for electronic goods business inasmuch as though he has with him two shops, but even if the tenanted shop is vacated, he will only have an area of 24' x 24' ft., and which area is required for the showroom/shop of electronic goods. The respondent/landlord also stated that his wife is an Advocate and she also requires a space for her own office, and which will be only if the shop with the petitioner/tenant is joined with two shops which the respondent/landlord has.

(3.)The petitioner/tenant in his leave to defend application had essentially pleaded two aspects. The first aspect which was pleaded was that the respondent/landlord has an adjacent open space on which he can make construction of shops and the second aspect which was pleaded is that the respondent/landlord has two shops, and therefore the eviction petition has no merits. Before me also the aforesaid two grounds are urged for allowing of the petition by granting leave to defend.