M/S A K Woolen Industries & Ors v. Shri Narain Gupta

RAJIV SAHAI ENDLAW, J. OCTOBER 31, 2017 'gsr'

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 31st October, 2017. + RC.REV. 495/2017 M/S A.K. WOOLEN INDUSTRIES & ORS ..... Petitioners Through: Mr. Ratan K. Singh, Mr. Nikhilesh Krishnan, Mr. Ashwini Kumar & Ms. Somya Priyadarshini, Advs. Versus SHRI NARAIN GUPTA ..... Respondent Through: Mr. Lalit Gupta with Mr. Siddharth, Mr. Karan Singh Rajpurohit & Mr. Harsh Panwar, Advs. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW Caveat No.933/2017 1. The counsel for the caveator / respondent has appeared. 2. The caveat stands discharged. CM No.39137/2017 (for exemption) 3. Allowed, subject to just exceptions. 4. The application is disposed of. RC.REV. 495/2017 & CMs No.39135/2017 (for stay) & 39136/2017 (for condonation of 42 days delay in re-filing the petition) 5. This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 17th May, 2017 in CIS No.80568/2016 (Old E. No.135/2016) of the Court of Rent Controller (RC), Central District, Tis Hazari Courts, Delhi] of dismissal of the application of the petitioners / tenants for leave to defend the petition for eviction under Section 14(1)(e) of the Act filed by the respondent / landlord and the consequent order of eviction of the petitioners / tenants from Shop No.602, Ground Floor, Main Road, Sadar Bazar, Delhi-110006. 6. The counsel for the petitioners / tenants has been heard and the copies of the Trial Court record filed with the paper book perused. The counsel for the respondent / landlord has during the course of hearing also handed over a paper book containing the certified copies of the entire Trial Court record. 7. The counsel for the petitioners / tenants, on enquiry, states that the petitioners / tenants are not controverting that the respondent / landlord is the owner of the shop in the tenancy of the petitioners / tenants and that there is a relationship of landlord and tenant between the petitioners / tenants on the one hand and the respondent / landlord on the other hand. Thus the discussion hereinafter will be confined only to the aspect of bona fide requirement and availability of alternate suitable accommodation. 8. The respondent / landlord instituted the petition for eviction from which this petition arises, pleading i) that the respondent / landlord is the sole proprietor of M/s J.P. Cotton Mills and is engaged in the business of narrow woven fabrics (Niwar), ropes, hook and loop tapes, cordage etc.; ii) that the office / store of the aforesaid business is situated in property No.4663, Gali Mohar Singh Jat, Pahari Dhiraj, Delhi which is a residential ancestral property; iii) that the respondent / landlord is in possession only of a small portion at the first floor of the said property from where he is carrying on his business aforesaid; iv) that the other portions of the said property No. 4663, Gali Mohar Singh Jat, Pahari Dhiraj, Delhi are in possession of the brother of the respondent / landlord and the sons of another brother of the respondent / landlord; v) that property No.4663, Gali Mohar Singh Jat, Pahari Dhiraj, Delhi is even otherwise situated in a very narrow lane / gali where there is no vehicular movement and only two wheelers and manual cycles can ply; vi) that the same causes inconvenience to the respondent / landlord in bringing in and taking out the goods; vii) that the respondent / landlord requires the Shop No.602, Ground Floor, Main Road, Sadar Bazar, Delhi in the tenancy of the petitioners / tenants for carrying on his aforesaid business; viii) that Sadar Bazar is even otherwise one of the largest, busy and reputed retail and wholesale market of Asia / India; ix) that the elder son of the respondent / landlord viz. Sanjay Gupta is running his independent and exclusive business in the name and style of M/s J.P. Fibres; x) that the younger son viz. Bharat Gupta of the respondent / landlord is running his independent and exclusive business in the name and style of M/s Jawahar