SHANTI DEVI Vs. RAJESH KUMAR JAIN & ANR.

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 9378 of 2014, Judgment Date: Oct 09, 2014

                                                              NON-REPORTABLE


                        IN THE SUPREME COURT OF INDIA

                        CIVIL APPELLATE JURISDICTION


                       CIVIL APPEAL NO. 9378  OF 2014

                 (Arising out of SLP (Civil) No. 37274/2012)



SHANTI DEVI                                            ...Appellant


                                   Versus


RAJESH KUMAR JAIN & ANR.                              ..Respondents




                                  O R D E R



R. BANUMATHI, J.


Leave granted.

2.          In this appeal, short  question  falling  for  consideration  is

whether the appellant be granted  leave  to  defend  the  eviction  petition

filed by the respondents-landlords.

3.          Appellant is a tenant in respect of shop premises  situated   on

the ground floor of  a  property  No.  6157,  Partap  Street,  Behind  Kothi

Bhagwan  Dass,  Gandhi  Nagar,           Delhi  -110031  since  1988.    The

appellant has been engaged in carrying on her business (Disco Hair  Dresser)

in the said premises.  The respondents-landlords filed an eviction  petition

under Section 14 (1) (e) of Delhi Rent Control Act  (DRC  Act)  against  the

appellant, interalia, on the ground of bonafide requirement to open  office-

cum-display counter on the main  road  side  to  expand  their  business  of

cosmetic unit.  The appellant filed application under  Section  25B  (5)  of

DRC Act read with Section 151 CPC  seeking  leave  to  defend  the  eviction

petition.   The  appellant  raised  the  plea  that  there  is  no  bonafide

requirement and that the respondents  have  alternative  accommodation.  The

Addl. Rent Controller, Karkardooma Court, Delhi  dismissed  the  application

of the appellant-tenant on the ground  that  the  appellant  has  failed  to

raise any triable issue.  Being  aggrieved,  the  appellant  filed  revision

petition before the High Court under sub-section (8) of Section 25B  of  DRC

Act and the same was dismissed.  Hence, this appeal by special leave.

4.          We  have  heard  counsel  for  the  appearing  parties.  Learned

counsel for respondents contended that the landlords needed the property  in

question to expand their business, as the space currently available to  them

is insufficient. It was submitted that the  appellant-tenant  owned  another

property, along with her husband in  the  same  locality,  where  she  could

shift her business. The appellant-tenant denied the  issues  raised  by  the

respondents-landlords with respect to having alternative accommodations.

5.          We are not inclined to go into the merits of rival  contentions,

lest, it would amount to expression of views on the merits  of  the  matter.

In the facts and circumstances of the case, we are of  the  view,  that  the

appellant has raised a triable issue, in the sense, that  there  is  a  fair

dispute to be tried in the eviction petition and the  appellant  be  granted

leave to  defend.   However,  leave  to  defend  could  be  granted  to  the

appellant only  conditionally.   When  the  revision  petition  was  pending

before the High Court, the appellant agreed to pay to the landlords rent  at

the rate of Rs.3,000/- per month and the same could be continued.

6.          The impugned order of the High Court in  Revision  Petition  No.

347/2011 is set aside and the appeal is allowed.  The appellant  shall  file

her reply statement before the Addl.  Rent  Controller,  Karkardooma  Court,

Delhi within four weeks from today and the  learned  Addl.  Rent  Controller

shall afford sufficient opportunity to both the  parties  and  proceed  with

the matter in accordance with law and dispose of the same preferably  within

a period of six months from the date of  receipt  of  copy  of  this  Order.

Till the disposal of the eviction petition, the appellant shall continue  to

pay rent at the rate of           Rs.3,000/- per month on or before  7th  of

each succeeding English calendar month.   No costs.


                                                                 …………………………J

                                                             (T.S. Thakur)



                                                                 …………………………J

                                                            (R. Banumathi)

New Delhi;

October 9, 2014