Delhi District Court
The Delhi Pinjra Pole Society (Regd.) vs British Import Syndicate on 24 March, 2015
1
In the Court of Ms. Namrita Aggarwal
CCJ Cum Additional Rent Controller1 (Central)
Tis Hazari Courts, Delhi.
Case No. E 28/13
Unique I.D. No. 02401C0040252013
In the matter of :
The Delhi Pinjra Pole Society (Regd.)
Having its registered office at :
372,Khari Baoli, Delhi06 .............Petitioner
Versus
British Import Syndicate
9271Z, Gaushala Kishan Ganj,
Double Phatak, Kishan Ganj,
Delhi ...........Respondent
APPLICATION FOR EVICTION OF TENANT UNDER SECTION 22 OF DELHI RENT CONTROL ACT Date of Institution: 31.01.2013 Final arguments heard: 16.02.2015 Date of Judgment: 24.03.2015 Decision: Petition allowed Page no. 1 of 7 E No. 28/13 2 EXPARTE JUDGMENT
1. An eviction petition under Section 22 of DRC Act has been filed by the petitioner, i.e., The Delhi Pinjra Pole Society (Regd.) through its AR against the respondent for vacation of the tenanted premises, i.e., one shop situated on the ground floor of property bearing no. 9271Z, Gaushala Kishan Ganj, Double Phatak, Kishan Ganj, Delhi as shown in red colour in site plan Ex. P1 annexed with eviction petition on the ground of bonafide requirement. It is stated by the petitioner that the petitioner is a public institution registered under Societies Registration Act and is running a Gaushala under the name and style of Gaushala Kishan Ganj. The petitioner has about 1300 cows and calves and about 25 working employees in addition to 25 daily wagers who are looking after the cows and calves in the Gaushala. The employees have to start their work in the morning at about 4.00 AM of mulching etc. of the cows and also for giving fodders etc. and have to work till 10.00 AM in the morning and thereafter from 5.00 PM to 8.00 PM in the evening. During the period of 10.00 AM to 5.00 PM, all the employees and daily wagers require place for their residence as 25 permanent employees are being provided accommodation for their living but the said accommodation available with the petitioner society is very short and has no other accommodation. That the accommodation in which the petitioner is keeping cows is not sufficient and the cows are kept in open as covered space is not available for cows. That during the winter season, due to cold, the cows and calves kept by the petitioner in the Gaushala may Page no. 2 of 7 E No. 28/13 3 die. The additional accommodation is also required for keeping cows on the ground floor and the employees of the petitioner on first floor. In view of the facts, the eviction petition has been filed by the petitioner against the respondent as the premises in dispute is bonafidely required by the petitioner for furtherance of its activities and to provide accommodation for providing covered space for cows, permanent employees as well as daily wagers of the Gaushala and that the petitioner do not have alternative suitable accommodation.
2. Summons were served upon the respondent through ordinary process as well as registered post twice which were received back unserved. However, service has been effected upon the respondent through publication in daily English newspaper "Statesman" dated 07.08.2014. However, the respondent neither marked his appearance nor filed any written statement and therefore the respondent was proceeded exparte vide order dated 29.09.2014.
3. Exparte evidence was led wherein the petitioner examined three witnesses.
4. PW1Sh. Prakash Chand Barathi, AR of the petitioner society deposed on the lines of petition. Further, he relied upon the following documents:
a. Copy of registration certificate : Ex. P1 b. Copy of constitution of rules and regulations : Ex. P2 Page no. 3 of 7 E No. 28/13 4 c. Site plan of tenanted premises : Ex. P3 d. Certified copy of permission of competent Authority : Ex. P4 e. Counterfoils of rent receipts : Ex. P5 f. Another site plan of entire accommodation in possession of the petitioner for cows and calves and residence of employees. : Ex. P6 g. Census register of animals for the period 201314 : Ex. P7 h. Copy of Form No. 6A : Ex.P8 4.1 PW2 Sh. Abhishek Kumar, Senior Security Assistant from the office of EPFO brought the monthly contribution of department of EPFO towards the employees of the petitioner's society. The attested copy of the Establishment Ledger maintained by EPFO of the petitioner's society is Ex. PW2/A. 4.2 PW3 Sh. Raj Bahadur, Inspector from the office of the Commissioner of Industries produced the registration certificate of the Delhi Pinjra Pole Society which is registered vide registration no. S79. The said registration certificate of the society is Ex. PW3/1.
5. Thereafter, petitioner evidence was closed at the request of the petitioner.
6. Final arguments heard.
7. Section 22 of the DRC Act 1958 provides that: Where the landlord in respect of any premises is any Page no. 4 of 7 E No. 28/13 5 company or other body corporate or any local authority or any public institution and the premises are required for the use of employees of such landlord or in the case of a public institution, for the furtherance of its activities, then, notwithstanding anything contained in Section 14 or any other law, the Controller may, on an application made to him in this behalf by such landlord, place the landlord in vacant possession of such premises by evicting the tenant and every other person who may be in occupation thereof, if the Controller is satisfied
(a) that the tenant to whom such premises were let for use as a residence at a time when he was in the service or employment of the landlord, has ceased to be in such service or employment; or
(b) that the tenant has acted in contravention of the terms, express or implied, under which he was authorized to occupy such premises; or
(c) that any other person is in unauthorized occupation of such premises; or
(d) that the premises are required bonefide by the public institution for the furtherance of its activities.
8. The present case has been filed under Clause (d) of Section 22 of DRC Act as the premises is required by the public institution for the furtherance of its activities. Since the present institution is a Gaushala and place is required for the accommodation of the cows and calves of the Gaushala so that the cows and calves can Page no. 5 of 7 E No. 28/13 6 be kept in a covered space at ground floor, the petitioner has established that there is a bonafide requirement of a public institution as they have filed the copy of the registration certificate of the society registered under Registration Act 1860 Ex. P1. The petitioner has also established that around 35 to 40 employees are working under the petitioner society who have been given various benefits, i.e., ESIC Schemes and other schemes. It cannot be denied that the accommodation which is available for cows, calves at ground floor is insufficient as the accommodation in which the petitioner is keeping cows is not sufficient and the cows are kept in open as covered space is not available for cows and during the winter season, due to cold, the cows and calves kept by the petitioner in the Gaushala may die. Document Ex. P7 and Ex.
P8 clearly provide that a number of cows and calves are there under the society and a number of employees are working under the society and therefore none of the contention of the petitioner seems to be bald allegation and therefore, petitioner has been able to establish that it is a public institution and that the accommodation is required bonafidely by the petitioner for furtherance of its activities, i.e., to provide covered space to the cows and calves during winter season and to enable the employees of the society to carry out the work of mulching etc. effectively.
9. Thus, in view of the above discussed facts and since the respondent is exparte, no objection has been raised to the Page no. 6 of 7 E No. 28/13 7 contentions of the petitioner, hence, eviction order is passed against the respondent. In view of above, petitioner is held entitled for recovery of the tenanted premises, i.e.,one shop situated on the ground floor of property bearing no. 9271Z, Gaushala Kishan Ganj, Double Phatak, Kishan Ganj, Delhi as shown in red colour in site plan Ex. P1 annexed with eviction petition. However, the petitioner would not be entitled to initiate execution proceedings for recovery of possession of the tenanted premises before expiration of six months from today in view of provisions given in Section 14 (7) of the Act.
Announced in open Court (Namrita Aggarwal) on 24th Day of February, 2015. CCJ cum ARC1 (Central) [Tits order contains 7 pages.] Tis Hazari Courts, Delhi.
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