Delhi High Court
Smt. Draupadi Devi (Deceased Thr. Lrs.) vs Gulshan Kumar Anand on 9 September, 2014
Author: Valmiki J.Mehta
Bench: Valmiki J.Mehta
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ R.C.Rev. No. 199/2014
% 9th September, 2014
SMT. DRAUPADI DEVI (DECEASED THR. LRS.) .....Petitioner
Through: Mr. S.R.Mehta, Adv.
VERSUS
GULSHAN KUMAR ANAND ...... Respondent
Through: Mr. J.S.Bakshi and Mr. A.S.Bakshi
and Ms. Ankush Sharma, Adv.
CORAM:
HON'BLE MR. JUSTICE VALMIKI J.MEHTA
To be referred to the Reporter or not?
VALMIKI J. MEHTA, J (ORAL)
1. This rent control revision petition is filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 (in short 'the Act') impugning the judgment of the Additional Rent Controller dated 9.12.2013 by which the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner/tenant and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the tenanted premises being a shop on the ground floor of property bearing no. 39/2988, Beadon Pura, Karol Bagh, Delhi (as shown in red colour in the site plan annexed with the eviction petition).
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2. Respondent/landlord is admittedly the owner/landlord of the premises and this issue is not disputed as noted in para 9 of the impugned judgment. The issues are as to whether the need of the respondent/landlord is bonafide and whether the respondent/landlord has any other alternative suitable premises for carrying on business.
3(i) As per the admitted facts which emerge on record the respondent/landlord is presently carrying on his jewellery business from the side lane of the suit premises and which side lane has been found to be inconvenient for opening of a showroom of jewellery and for which shops on the main road are more suitable. This aspect is noted in para 10 of the impugned judgment and the Additional Rent Controller has placed reliance upon the judgment of this Court in the case of Viran Wali Vs. Kuldeep Rai Kochhar 174 (2010) DLT 328.
(ii) In addition to the reasoning and conclusion of the Additional Rent Controller, I would like to refer to the recent judgment of the Supreme Court in the case of Anil Bajaj and Anr. Vs. Vinod Ahuja in Civil Appeal No.5513/2014, decided on 8.5.2014: 210 (2014) DLT 58 (SC) wherein the Supreme Court has said that tenants cannot dictate to the landlords once the landlords want to carry out business from a less advantageous location to a RCR 199/2014 Page 2 of 6 better location on the main road. Therefore, once the requirement is of a showroom of jewellery, the alternative premises on side lane is not a suitable alternative premises.
4. So far as the issue of bonafide need is concerned, the respondent/landlord stated that all the three shops on the front portion of the premises are very small shops and it is only on combining of the three small shops that a jewellery showroom can be opened. He has stated that with respect to one tenanted shop there is already an eviction order and with respect to another shop the tenant has agreed to shift to the first floor once the suit/tenanted premises are vacated by the present petitioner/tenant. A reference to the photographs filed of the other two shops, the same show that they are extremely small shops of about 7ft X12 ½ ft, and therefore, it is only on combining of the three shops that the jewellery showroom can be opened in the front portion of the property situated on the main road. The respondent/landlord has rightly put forth a case that he will in fact combine the shop on the side lane with the shops on the main road for carrying on the jewellery business.
5. Learned counsel for the petitioner wanted this Court to take note of various facts as stated in a fresh application filed in this Court being RCR 199/2014 Page 3 of 6 CM No. 14940/14, however, it is now settled law that whatever facts which have happened prior to the expiry of 15 days statutory period for filing of the leave to defend application must be stated in the leave to defend application and it is not permissible after the 15 days statutory period to file additional affidavits or documents or to amend leave to defend application to add new facts, affidavits and documents. This is because of the ratio of the judgment of the Supreme Court in the case of Prithipal Singh Vs. Satpal Singh (dead) through LRs (2010) 2 SCC 15 wherein the Supreme Court has held that there cannot be condonation of delay of even one day beyond the statutory period of 15 days for filing of the leave to defend application ie effectively the Supreme Court holds that after the period of 15 days nothing can be added or subtracted to a leave to defend application. This has accordingly been so held by a learned Single Judge of this Court in the case of Madhu Gupta vs. Gardenia Estates (P) Ltd. 184 (2011) DLT 103 relying upon the ratio in the case of Prithipal Singh (supra). The facts in CM No. 14940/14 pertain only to the facts and circumstances which have happened prior to the expiry of 15 days period for filing of the leave to defend application and thus they cannot be considered by this Court and the application being CM 14940/14 is accordingly rejected.
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6. Learned counsel for the petitioner then sought to argue that the respondent/landlord has been letting out the shops in front portion of the premises, however, a reading of the leave to defend application shows that letting out which is mentioned of the shops is of the year 2002 whereas the eviction petition is filed in the year 2009. Therefore, letting out of shops prior to seven years before filing of the eviction petition cannot mean that eviction petition is not bonafide and that a premises let out 7 years before filing of the eviction petition can be treated as an alternative suitable accommodation.
7. In sum and substance the case is that the respondent/landlord is in bonafide need of the tenanted shop with two other shops for shifting his business from the side lane and which premises are not suitable premises for carrying on business of showroom of jewellery and therefore three shops including tenanted shop in the front portion of the premises which is on the main road, are required. Therefore, the eviction petition filed was justified for bonafide necessity and Additional Rent Controller has rightly dismissed the leave to defend application.
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8. In view of the above, there is no merit in the petition and therefore the same is dismissed, leaving the parties to bear their own costs. All pending applications stand disposed of accordingly.
SEPTEMBER 09, 2014 VALMIKI J. MEHTA, J.
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