AIR 2015 (NOC) 1123 (DEL.) ::2015 (4) ADR 493 ::(2015) 2 RenCR 549

Delhi High Court

Hon'ble Judge(s): Ms. Mukta Gupta , J

(A) Delhi Rent Control Act (59 of 1958) S. 14 (1) (e)— Eviction — Leave to defend — Relationship of landlord and tenant — Landlady placed on record Will of her mother-in-law by virtue of which half portion of suit property has been bequeathed to her and half to her sister-in-law — Said Will showed that tenanted premises fell in share of landlady — No material has been placed along with the leave to defend application to show that the Will is not genuine except a bald assertion made that no probate petition was filed for Will — Further, it is well settled that in Delhi no probate of Will is required — In another petition filed by landlady on another ground finding by court that relationship of landlord and tenant is admitted, was not denied by tenant — No counter site plan is filed by tenant — It is not case of tenant that one out of two shops which have fallen to share of landlady is vacant — Tenant not entitled to leave to defend (Para 12)

(B) Delhi Rent Control Act (59 of 1958) S. 14 (1)(e)— Eviction — Ground, bona fide need — Landlady seeking eviction on ground of starting business for her son — Mere fact that son was employed with hospital and was drawing handsome salary — Cannot be ground to hold that trial is required to probe need of son of petitioner to start his own business — Further, fact that landlady who wanted to join her son— s businers was a house lady and had no businers experience — Also would not be triable issue as pervious experience is not necessary to start business or profession — Tenant not entitled to leave to defend (Para 13,14)