- (1.)The impugned judgment is dated 4.1.2011; the eviction petition filed by the landlord Anil Kumar Bahl against his tenant Bata India Ltd. seeking eviction of the tenant on the ground of bona fide requirement as contained in Section 14(1)(e) of the Delhi Rent Control Act (DRCA) had been decreed; the application seeking leave to defend filed by the tenant had been dismissed. Record shows that the present eviction petition has been filed by the landlord who is a resident of B-127/2, DDA Flat, East of Kailash, New Delhi. The premises in dispute is a shop bearing municipal No. XV/4745, Abadi of main Bazaar, Paharganj Masjid, New Delhi. The tenant is in occupation of these premises for commercial purpose at the monthly rent of Rs. 1,200/- per month. The petitioner is stated to be an employee of a bank; he has three daughters of whom two are professionally qualified and have qualified entrepreneur skills; the second daughter although professionally qualified is yet unemployed; the premises are required bona fide by the petitioner to provide infrastructure to his daughter to start her own business; further contention being that there is no other premises available with the plaintiff from where his daughter can start her business; further contention being that the petitioner shall retire in 2012; he has spent almost 32 years in the banking sector and has sound knowledge of nitty-gritty of business activity; he would also help in the business which is proposed to be started by his daughter.
(2.)Leave to defend was filed by the tenant; two objections were raised; the first was on the ownership/status of Anil Kumar Bahl as the landlord; the second objection related to the bona fide requirement of the landlord. In para 3 of the application seeking leave to defend, it has been specifically averred that the professional qualification of his unemployed daughter has not been disclosed by the landlord; this is only a means to get the property vacated in order that higher rent can be extracted; the intention of the landlord is not bona fide; in fact all his daughters are employed.
(3.)The corresponding para of the reply to the leave to defend has also been perused. It has been specifically stated that the daughter of the landlord who wishes to start this business is a professionally qualified statistician; the property being in the hub of the commercial area of Delhi would be most suitable for her professional needs; the submission was reiterated that the petitioner is the owner of the suit premises.