2015 AIR CC 48 (DEL) ::2014 (6) ADR 403 ::(2015) 1 RenCR 53 ::(2014) 2 RentLR 612

Delhi High Court

Hon'ble Judge(s): Najmi Waziri , J

( A ) Delhi Rent Control Act (59 of 1958) S. 25 B, 14 (1)(e) — Eviction petition— Ground bona fide need — Treating petition as a summary proceedings — Non-mentioning of S. 25B in eviction petition by landlord — Cannot be ground to grant leave to defend to tenant.The purport of section 25B of the Act is to provide summary procedure for a special class of landlords mentioned therein so that their need to possess the tenanted premises is neither prejudiced nor extinguished by the efflux of time. The language of the statute is clear and mandatory. It leaves no doubt or scope for interpretation. The law is settled and it is understood that an eviction petition filed for bona fide requirement under the Act will ipso facto be treated as a summary proceeding under Section 25B. (Paras13)

( B ) Delhi Rent Control Act (59 of 1958) S. 14 (1)(e) — Eviction petition — Bonafide need of grandson — Proof— Admission by tenant that landlady, her unmarried daughter and grandson were living in one portion together — Landlady does not have to satisfy the identity of the grandson to the Court in order to get an eviction order and she is only required to show the existence of prima facie need— Order of eviction— Proper — Plea that landlady has not shown the grandson to be dependent on her thereby failing to make a case under section 14 (1)(e) of the Act— Not tenable. (Paras14)

( C ) Delhi Rent Control Act (59 of 1958) S. 14 (1)(e) — Eviction petition— Bona fide need — Landlady seeking eviction of tenant from shop for opening coaching classes for her grandson— Questioning size of the premises required for opening a coaching is immaterial to fate of the eviction — It is exclusively for landlady to decide how she wishes to put tenanted premises to use. (Paras15)