Shalimar Paints Ltd & Anr vs M/S Phelps And Company Pvt Ltd on 6 July, 2026

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    Delhi High Court

    Shalimar Paints Ltd & Anr vs M/S Phelps And Company Pvt Ltd on 6 July, 2026

    Author: Amit Sharma

    Bench: Amit Sharma

                      $~
                      *        IN THE HIGH COURT OF DELHI AT NEW DELHI
                                                              Reserved on: 7th May, 2026
                                                              Pronounced on: 6th July, 2026
    
                      +        RC.REV. 76/2026 & CM APPL. 16941/2026
                               SHALIMAR PAINTS LTD & ANR.             .....Petitioners
                                            Through: Mr. Rajesh Yadav, Senior
                                                      Advocate with Mr. Mahir
                                                      Malhotra, Ms. Prerna Chaubey,
                                                      Ms. Nagma Khan and Ms. Nitya
                                                      Vig, Advocates.
                                            versus
    
                               M/S PHELPS AND COMPANY PVT LTD           .....Respondent
                                             Through: Mr. Pawan S.B., Senior Advocate
                                                      with Ms. Pavitra Kaur and Ms.
                                                      Shreya Mishra, Advocates.
                               CORAM:
                               HON'BLE MR. JUSTICE AMIT SHARMA
    
                                                        JUDGMENT
    

    AMIT SHARMA, J.

    1. The present petition under Section 25B(8) of the Delhi Rent
    Control Act, 19581, seeks the following prayers: –

    SPONSORED

    “A. Call for records in the Eviction Petition bearing No.
    RC/ARC/18/2024 titled as M/s Phelps and Company Pvt. Ltd vs
    M/S Shalimar Paints Ltd & Anr
    .

    B. Set aside the impugned order dated 06.11.2025 passed by the
    Court of Sh. Ashwani Panwar, Ld. Senior Civil Judge cum Rent

    1
    DRC Act

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    Controller, New Delhi District, Patiala House Courts and
    consequently allow the application of Leave to Defend of the
    Petitioners.

    C. AND/OR pass any other order/directions in the present facts and
    circumstances of the case that the Hon’ble Court may deem fit in
    favour of the Petitioner.”

    2. The present petition has been preferred on behalf of the Petitioners
    (tenant), assailing the judgment dated 06.11.20252 passed by the learned
    ACJM-04, RACC, New Delhi District, Rouse Avenue Courts, New
    Delhi3, in RC ARC No. 18/20244, whereby an eviction order was passed
    against the present Petitioners qua the tenanted premises being property
    No. 9-A, First Floor, Inner Circle, Connaught Place, New Delhi-
    110001 5 , forming part of property No. 9A, Connaught Place, Delhi-
    1100016.

    3. The Respondent (landlord) had preferred the eviction petition
    before the learned ARC qua the tenanted premises, on the ground of
    bona fide requirement under Section 14(1)(e) of the DRC Act. It was
    stated in the eviction petition that the Respondent is a family run private
    company and the tenanted premises were required for expansion of its
    new art business wing, operating under the trademark “The Biv”. It was
    stated that the said art business wing dealt with curating, managing and
    running art galleries for exhibition of art and further dealt in paintings,
    art products, artifacts and decorative arts. It was further stated that Ms.

    2
    Impugned Judgment
    3
    Learned ARC
    4
    Eviction Petition/Eviction Proceedings
    5
    Tenanted Premises
    6
    Subject Premises

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    Niamat Singh and Mr. Fateh Singh, being directors of the Respondent
    company, possessed necessary qualifications to expand the said art
    business wing. It was further stated that due to expansion of the said art
    business wing, the tenanted premises were required for display of
    paintings, meetings with buyers and artists, storage, and allied business
    activities. It was further stated that one of the directors of the Respondent
    company operated from a single-room office adjacent to the tenanted
    premises and considering the common wall between the said office and
    the tenanted premises, the Respondent intended to remove the said wall,
    so as to create a larger display and storage area along with smaller
    cabins, and thereafter, shift the director’s office towards the rear portion
    of the premises. It was stated that a proposed site plan qua the said
    arrangement was also filed along with the eviction petition.

    4. It was further stated in the eviction petition that the Respondent
    had been conducting exhibitions qua the said art business wing, from the
    third floor and terrace of the subject premises; however, the same had
    resulted in disruption and financial losses to the co-working business
    operating therefrom. It was stated that due to lack of adequate space for
    display, meetings, storage and business operations, the Respondent
    required a permanent commercial space for expansion of the said art
    business wing. Qua suitability of the tenanted premises, it was stated that
    the same had access from Connaught Place’s inner circle, which enjoys
    higher commercial visibility and footfall, whereas the third floor and the
    terrace of the subject premises were accessible only from Connaught
    Place’s middle circle. It was further stated that Petitioner No. 1 had

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    ceased its business operations from the tenanted premises and had,
    without consent of the Respondent, sub-let and parted possession of the
    same in favour of Petitioner No. 2.

    5. The Petitioners, in their leave to defend application filed in the
    eviction proceedings, had contended that the Respondent had concealed
    material facts qua availability of alternate accommodation available with
    it, and had approached the learned ARC with mala fide intentions. It was
    contended that the Respondent had itself admitted in the eviction petition
    that the said art business wing was already being operated from the third
    floor of the subject premises and as per the official website of the said
    venture, substantial commercial space comprising of reception area,
    library, camper area (workspace), tent area (cabin space) and board room
    was already available with the Respondent, which was sufficient for
    conducting the said business and organising exhibitions. It was further
    contended that the Respondent had intentionally not disclosed the exact
    area available with it in the subject premises, details of the other tenants
    occupying the building and the total commercial space already under its
    possession. The Petitioners had further alleged that the actual intention
    of the Respondent was to evict the Petitioners from the tenanted
    premises and thereafter re-let the same at a higher rent.

    6. The Respondent, in its reply to the leave to defend application,
    had denied the aforesaid averments and had stated that no alternate
    commercial accommodation was available with it in Delhi NCR. It was
    further stated that the ground floor of the subject premises was occupied

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    by ICICI Bank, whereas on the first floor only one room was in
    occupation of one of the directors of the Respondent company and the
    remaining portion was occupied by Petitioner No. 2. It was further stated
    that the first floor of the subject premises was the only portion accessible
    from Connaught Place’s inner circle and the third floor and the terrace of
    the subject premises were accessible only from the middle circle. It was
    further stated that the said upper floors were already being utilised for
    co-working operations, and therefore, the same were not suitable for the
    bona fide requirement. The said leave to defend application was
    dismissed by the learned ARC and the impugned judgment came to be
    passed against the petitioners; hence, the present petition.

    SUBMISSIONS OF BEHALF OF THE PETITIONERS:

    7. At the outset, learned Senior Counsel appearing on behalf of the
    Petitioners submitted that the learned ARC had failed to appreciate the
    triable issues raised by the Petitioners in the leave to defend application.
    It was submitted that the learned ARC had failed to appreciate that the
    Respondent was already in possession of approximately 7,500 sq. fts. of
    commercial space, across the two floors of the subject premises, and the
    said fact had been specifically pleaded by the Petitioners in their leave to
    defend application. It was further submitted that as per the official
    website of the Respondent’s art business venture, the Respondent was
    already operating from a substantial commercial space comprising of
    reception area, library, camper area (workspace), tent area (cabin space),
    board room and terrace garden, which clearly reflected that alternate

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    suitable accommodation was already available with the Respondent for
    the alleged bona fide requirement.

    8. Attention of this Court was drawn to the following paragraph of
    the leave to defend application, filed by Petitioners to contend that the
    challans, as filed by the Respondent in the eviction petition, were forged
    and fabricated, and the said contention was not dealt by the learned ARC
    while rendering the impugned judgment: –

    “15. That it is submitted that the Petitioner has filed certain
    Challans from Pages 30 to 33 of the Petition. A bare perusal of the
    same would suggest that the said Challans appear to be bogus and
    fabricated, as can be clearly seen from the Serial Number and Dates
    mentioned on them. For instance, Challan No. 219 Is dated
    12.01.2023 whereas Challan No. 216 is dated 17.01.2023.”

    It was submitted that the learned ARC had failed to consider that
    the said challans were forged and fabricated, as the serial numbers and
    dates mentioned on them were inconsistent. It was submitted that challan
    No. 219 was dated 12.01.2023, whereas challan No. 216 was dated
    17.01.2023, and thus, the challans did not mention any payment mode or
    GST details or mode of payment. The said challans are reproduced as
    under: –

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    By:SHIWANI NEGI
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    9. Learned Senior Counsel further drew attention of this Court to the
    reply filed on behalf of the Respondent to the leave to defend
    application, and particularly on the following portion, to contend that the

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    Respondent had failed to rebut to the said allegation of the challans
    being forged and fabricated: –

    “15. That the contents of paragraph no. 15 are false and hence denied.
    It is denied the said Challans are bogus or fabricated. The respondents
    have failed to peruse the said challans carefully. A bare perusal would
    reveal that the challan numbers are in fact irrelevant as the challan is a
    continuous document with articles added on two dates i.e 12.01.2023 and
    17.01.2023. The three pages are one continuous invoice of 26 articles.”

    It was further submitted that no findings were given by the learned
    ARC qua the said contention of the challans being forged and fabricated.

    10. Learned Senior Counsel for the Petitioners further drew attention
    of this Court to the following portion of the leave to defend application
    to contend that the Respondent had admitted in the eviction petition that
    the said art business wing was already being operated from the third
    floor of the subject premises. It was further submitted that as per the
    official website of the Respondent’s said venture, namely “The Biv”, the
    Respondent was operating from a substantial commercial space on the
    third floor of the subject premises, which had ample area for conducting
    the said business activities. The relevant portion of the leave to defend
    application is reproduced as under: –

    “8. That the Petitioner has filed the Eviction Petition with the
    malafide Intention to harass the Respondents. The need of the
    Petitioner is not bonafide as sufficient alternative accommodation is
    available with the Petitioner for running its alleged “new stream of
    operations”. The Petitioner has admitted in Para 18(a)(v) of the
    Petition that the Petitioner is conducting the said business from the
    Third Floor of Building No. 9-A, Connaught Place, New Delhi
    110001. As per the Website of the new venture namely “The Biv” –

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    thebiv.co.in, the Petitioner is operating in a huge space on the Third
    Floor of Building No. 9-A, Connaught Place – which includes a
    Reception Area, a Library, a “Camper” area (Work Space), a “Tent
    area” (Cabin Space), a Board Room, which is more than sufficient
    for the Petitioner to expand its business and conduct the Art
    Exhibitions.”

    11. Learned Senior Counsel for the Petitioners submitted that in view
    of the above, the alleged bona fide requirement set up by the Respondent
    was merely a sham and the Respondent already had sufficient alternate
    accommodation available with it for carrying out the said business
    activities. Learned Senior Counsel for the Petitioner further drew
    attention of this Court to the screenshots placed on record of the website
    of the Respondent’s venture, i.e., “The Biv”, to demonstrate the
    Respondent is in possession of a full-fledged office space, which is being
    offered to general public for using the same for their office purposes.
    The same has been depicted in the following manner: –

    ” THE SPACE

    We have a solid 7,500 sq ft space spread across two floors that you
    can call your office. This includes a great terrace garden that looks
    straight on to an unfurling Indian flag dramatically set against an
    open sky.”

    12. Learned Senior Counsel further submitted that there was no denial
    of the fact by the Respondent that the latter was not in possession of
    7,500 sq. fts. of space in the subject premises. It was further argued by
    the learned Senior Counsel that the Respondent had taken contrary
    stands qua bona fide requirement of the tenanted premises, as the latter
    in the eviction petition had claimed that the tenanted premises were

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    required for expansion of its art business wing, and the Respondent in its
    reply to the leave to defend application had stated that the tenanted
    premises were required for making additional space for other directors of
    the Respondent company. The relevant portions of the eviction petition
    and the reply to the leave to defend application are reproduced as under:

    “Eviction Petition:

    vi. That since the Petitioner’s business is expanding need for a
    permanent physical space becomes indispensable. Dealing in paintings,
    art products, artifacts, sculptures, and decorative arts, which are best
    appreciated in person, necessitates a dedicated area for display.
    Additionally, the Petitioner requires offices for meetings with buyers,
    artists, and vendors, along with adequate storage space for these goods.

    Reply to Leave to Defend:

    12. That the contents of paragraph no, 12 are false and hence denied.
    It is denied the Respondent No. 1 has not parted/sublet or assigned the
    possession of the subject premises to the Respondent No. 2. The
    Respondent No. 2 has duly reflected the subject premises as its registered
    office on the website of the Ministry of the Corporate Affairs and
    accordingly the Respondent are hereby falsely deposing that the
    Respondent No. 2 is not in possession of the subject premises. It is
    denied that the present petition is premises on false or flimsy grounds or
    the petition is without merit. The subject premises are bonafide required
    by the Petitioner for resolution of its need for the offices for the other
    two directors as well as the display rooms for its art business wing,
    accordingly the need of the subject premises is eminent, urgent and
    bonafide.”

    13. Learned Senior Counsel for the Petitioners further submitted that
    the Respondent, in the eviction petition, had stated that it was the owner
    of the second and third floors of the subject premises; however, in its
    reply to the leave to defend application, the Respondent had stated that

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    the reference to the said second and third floors would actually mean the
    third floor and the terrace of the subject premises. It was submitted that
    the said inconsistent stand itself reflected that the Respondent was
    uncertain and unclear qua the exact portions/floors available in the
    subject premises. The relevant portions of the eviction petition and the
    reply to the leave to defend application are reproduced as under: –

    “Eviction Petition:

    xi. That the Petitioner also owns the Second Floor and the Third
    Floor, 9-A, Phelps Building, Connaught Place, New Delhi. However, the
    entrances to these premises are from the middle circle, contrasting with
    the said premises which benefits from an entrance in the inner circle. The
    inner circle enjoys significantly higher foot traffic compared to the
    middle circle, which is more suited for businesses not reliant on client
    engagement. There are no other commercial premises owned by the
    Petitioner. It is well settled law that a landlord is the best judge of his
    needs and requirements and the Petitioner requires the premises in
    question for its personal and bonafide use.

    Reply to Leave to Defend:

    17. That the contents of paragraph no. 17 are false and hence denied.

    It is submitted that the reference to second floor and third floor in
    paragraph 18 (a) (xi) is actually the third floor and terrace of the said
    building and the same is in occupation of the co-working business. The
    Floor above the subject premises and below the coworking space was
    sold on 23.12.1993, 18.04.2000 and on 14.02.2017. The said floor is the
    earliest floor which is accessible from the Middle Circle and the same is
    not in possession of the Petitioner. It is further submitted that as has been
    stated hereinabove the third floor and terrace of the said building is in
    use and occupation by the co-working space business of the Petitioner.
    The said business is generating goad revenue and occupies the entire
    third floor as well as the terrace leaving no space for the office of the
    directors or the display area for art business. In regard to the formation of
    the middle circle and other businesses in the middle circle, it is submitted
    that the Petitioner has no space to use even in the middle circle and the
    law as has been laid down is clear on the fact that the Petitioner is the

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    best and only judge of its needs and the tenant cannot be permitted to
    dictate the terms.”

    14. It was argued by the learned Senior Counsel for the Petitioners
    that the Respondent had failed to place anything on record to show how
    second and third floors of the subject premises were not being used by
    the Respondent for the purposes of art business wing.

    15. Learned Senior Counsel further argued that no material
    whatsoever had been placed on record by the Respondent to demonstrate
    that any exhibition, as stated in the eviction petition, had ever been
    conducted from the subject premises. It was submitted that apart from
    making bald averments qua the art business activities, no document had
    been filed by the Respondent to substantiate the same and the entire plea
    of bona fide requirement was merely a false narrative projected before
    the learned ARC.

    16. Learned Senior Counsel for the Petitioners had placed reliance
    upon
    the judgment passed by the Hon’ble Supreme Court in Santosh
    Devi Soni Vs. Chand Kiran7
    , to contend that where a landlord seeks
    eviction for additional accommodation, and the tenant raises a dispute
    qua availability of accommodation already in possession of the landlord,
    the same would give rise to a triable issue. The relevant portion of the
    said judgment
    is reproduced as under: –

    “3 . The short question is whether in the light of the requirements put
    forward by the Respondent-landlady who is a widow and is in
    7
    MANU/SC/3621/2000

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    occupation of the first floor of the building in which the suit premises are
    situated leave to defend to the Defendant- Appellant could have been
    refused. As this is a case for additional accommodation and looking to
    the facts and circumstances of the case, especially in the light of the
    additional accommodation which is subsequently made available to the
    Respondent as mentioned by the Appellant, the question of Respondent’s
    need was required to be thrashed out on merits by a full-fledged trial.
    This Court in the case of Dr. S.M. Misra v. D.D. Malik Civil Appeal No.
    120 of 1990, decided on 11.1.1990 has ruled that in the cases where
    additional accommodation is asked for in proceedings under Delhi Rent
    Control Act
    , normally leave to defend should not be refused.

    4 . Considering the facts and circumstances of this case, therefore, we
    deem it fit to grant leave to defend to the Appellant and consequently the
    judgment and order passed by the Rent Controller and as confirmed by
    the High Court are set aside and the proceedings are remanded to the
    Rent Controller’s Court for deciding the proceedings on merits by
    treating the Appellant to have been granted leave to defend. In view of
    the pendency of the proceedings since years we direct the Rent
    Controller to decide the remanded proceedings at the earliest and
    preferably within four months from the receipt of a copy of this order at
    his end.”

    17. Learned Senior Counsel had further placed reliance upon the
    judgment passed by the Hon’ble Supreme Court of India in Charan
    Dass Duggal Vs. Brahma Nand 8 , to contend that at the stage of
    deciding an application for leave to defend, the learned ARC shall only
    examine whether the tenant has prima facie raised a triable issue or not.
    The relevant portion of the said judgment is reproduced as under: –

    “4. What should be the approach when leave to defend is sought? There
    appears to be a mistaken belief that unless the tenant at that stage makes
    out such a strong case as would non-suit the landlord leave to defend
    cannot be granted. This approach is wholly improper, When leave to
    defend is sought. The tenant must make out such a prima facie case

    8
    (1983) 1 SCC 301

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    raising such pleas that a triable issue would emerge ant that in our
    opinion should be sufficient to grant leave. The test is the test of triable
    issue would emerge and that in our opinion should be sufficient to grant
    leave. The test is the test of a triable issue and not the final success in the
    action. At the State of granting the leave parties rely in support of their
    rival contentions on affidavits and assertions and counter-assertions on
    affidavits may not afford such incontrovertible evidence to lead to an
    affirmative conclusion one may or the other. Conceding that when
    possession is sought on the ground of personal requirement, an absolute
    need is not to be satisfied but a mere desire equally is not sufficient. It
    has to be something more than a mere desire. And being an enabling
    provision, the burden is on the landlord to establish his case
    affirmatively.

    *** *** ***

    8 . It is not for a moment suggested that leave to defend must be granted
    on mere asking but it is equally improper to refuse to grant leave though
    triable evidence for concluding the point one way or the other. It is not
    for a moment suggested that leave to defend to grant leave though triable
    issues are raised and the controversy can be properly adjudicated after
    ascertainment of truth through cross-examination of witnesses who have
    filed their affidavits. Burden is on the landlord to prove his requirement
    and has ascertain is required to be tested more so when it is shown that
    for long he is staying outside Delhi, that he has a building albeit standing
    in the names of his sons and daughters where he is staying and at which
    place he receives his normal correspondence. If in a such a situation one
    can say that a triable issue is not raised, one is at a loss to find out where,
    when and in what circumstances such an issue would arise. We are,
    therefore, satisfied that this is a case in which triable issues were raised
    and both the learned Rent Controller and the High Court were in error in
    refusing to grant the leave.”

    18. Attention of this Court was further drawn to the judgment passed
    by the Hon’ble Supreme Court in Inderjeet Kaur vs. Nirpal Singh9,
    and it was submitted that burden placed on a tenant is of a light nature
    and the latter is only required to show such facts as would disentitle the

    9
    2000 INSC 605

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    landlord from obtaining an order of eviction. The relevant portions of the
    said judgment
    are reproduced as under: –

    “11. As is evident from Section 25B(4) & (5) of the Act, burden placed
    on a tenant is light and limited in that if the affidavit filed by him
    discloses such facts as would disentitle the landlord from obtaining an
    order for the recovery of the possession of the premises on the ground
    specified in Clause (e) of the proviso to Section 14(1) of the Act, with
    which we are concerned in this case, are good enough to grant leave to
    defend.

    *** *** ***

    13. We are of the considered view that at a stage when the tenant seeks
    leave to defend, it is enough if he prima facie makes out a case by
    disclosing such facts as would disentitle the landlord from obtaining an
    order of eviction. It would not be right approach to say that unless the
    tenant at that stage itself establishes a strong case as would non-suit the
    landlord leave to defend should not be granted when it is not the
    requirement of Section 25B(5). A leave to defend sought for cannot also
    be granted for mere asking or in a routine manner which will defeat the
    very object of the special provisions contained in Chapter IIIA of the
    Act
    , Leave to defend cannot be refused where an eviction petition is filed
    on a mere design or desire of a landlord to recover possession of the
    premises from a tenant under Clause (e) of the proviso to Sub-section (1)
    of Section 14, when as a matter of fact the requirement may not be bona
    fide. Refusing to grant leave in such a case leads to eviction of a tenant
    summarily resulting in great hardship to him and his family members, if
    any, although he could establish if only leave is granted that a landlord
    would be disentitled for an order of eviction. At the stage of granting
    leave to defend, parties rely on affidavits in support of the rival
    contentions. Assertions and counter-assertions made in affidavits may
    not afford safe and acceptable evidence so as to arrive at an affirmative
    conclusion one way or the other unless there is a strong and acceptable
    evidence available to show that the facts disclosed in the application filed
    by the tenant seeking leave to defend were either frivolous, untenable or
    most unreasonable. Take a case when a possession is sought on the
    ground of personal requirement, a landlord has to establish his need and
    not his mere desire. The ground under Clause (e) of the proviso to Sub-
    section (1) of Section 14 enables a landlord to recover possession of the

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    tenanted premises on the ground of his bona fide requirement. This being
    an enabling provision, essentially the burden is on the landlord to
    establish his case affirmatively. In short and substance wholly frivolous
    and totally untenable defence may not entitle a tenant to leave to defend
    but when a triable issue is raised a duty is placed on the Rent Controller
    by the statute itself to grant leave. At the stage of granting leave the real
    test should be whether facts disclosed in the affidavit filed seeking leave
    to defend prima facie show that the landlord would be disentitled from
    obtaining an order of eviction and not whether at the end defence may
    fail. It is well to remember that when a leave to defend is refused, serious
    consequences of eviction shall follow and the party seeking leave is
    denied an opportunity to test the truth of the averments made in the
    eviction petition by crossexamination. It may also be noted that even in
    cases where leave is granted provisions are made in this very Chapter for
    expeditious disposal of eviction petitions. Section 25B(6) states that
    where leave is granted to a tenant to contest the eviction application, the
    Controller shall commence the hearing of the application as early as
    practicable. Section 25B(7) speaks of the procedure to be followed in
    such cases. Section 25B(8) bars the appeals against an order of recovery
    of possession except a provision of revision to the High Court. Thus a
    combined effect of Section 25B(6), (7) and (8) would lead to expeditious
    disposal of eviction petitions so that a landlord need not wait and suffer
    for long time. On the other hand, when a tenant is denied leave to defend
    although he had fair chance to prove his defence, will suffer great
    hardship. In this view a balanced view is to be taken having regard to
    competing claims.”

    19. Learned Senior Counsel further placed reliance upon the judgment
    passed by the learned Single Judge of this Court in Khem Chand and
    Ors. Vs. Arjun Jain and Ors
    10 , and particularly on the following
    paragraphs: –

    “39. It is not the thumb rule that in every case the landlord always is the
    best judge and the court is helpless by not scrutinizing the stand of the
    tenant while testing the reasonableness and suitability of the alternative
    accommodation. Actually it depends upon the case to case basis. The
    courts have otherwise also held consistently that even though the
    10
    2013:DHC:4623

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    landlord is the best judge to decide his needs and he cannot be compelled
    by the tenant to accommodate at the place which is lesser in any way
    than the place which is sought to be evicted, still the court would
    examine the reasonableness and suitability of the existing
    accommodation by weighing what is available with the landlord vis-Ã –
    vis the plea of the tenant.

    *** *** ***

    41. The Supreme Court in the case of MM. Quasim Vs. Manohar Lal,
    MANU/SC/0473/1981
    : AIR 1981 SC 1113 which is a three bench
    decision passed by the court speaking through Hon’ble Desai, J. (as His
    Lordship then was) has categorically flawed this approach of
    mechanically stating that the landlord is the best judge without applying
    a judicious approach in the matter. In the words of Hon’ble Desai, J. it
    was observed thus:

    Before turning to the next topic, a word about the judicial approach
    to the question of personal requirement of the landlord under the
    Rent Act would not be out of place. The learned judge of the first
    appellate court while upholding the claim of personal requirement
    of respondent 1 has observed as under:

    It is for the plaintiffs to decide whatever they think fit and
    proper. It is not for the defendant to suggest as to what they
    should do. The defendant has led evidence to show that the
    plaintiffs have got some more houses at Girdih…. The
    defendant appellant has also filed certified copy of judgment
    of one suit No. 47/73 which is Ext. only to show that plaintiffs
    have got a decree for eviction with respect to the other house
    at Giridih. I have already pointed out earlier that it is for the
    plaintiffs to decide which of the houses is suitable for them. It
    is not for the defendant to suggest that the house which will
    fall vacant in the near future is most suitable house for the
    plaintiffs.

    This approach betrays a woeful lack of consciousness relatable to
    circumstances leading to enactment of Rent Acts in almost all
    States in the country. The time honoured notion that the right of re-
    entry is unfettered and that the owner landlord is the sole judge of
    his requirement has been made to yield to the needs of the society

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    which had to enact the Rent Acts specifically devised to curb and
    fetter the unrestricted right of re-entry and to provide that only on
    proving some enabling grounds set out in the Rent Act the landlord
    can re-enter. One such ground is of personal requirement of
    landlord. When examining a case of personal requirement, if it is
    pointed out that there is some vacant premises with the landlord
    which he can conveniently occupy, the element of need in his
    requirement would be absent. To reject this aspect by saying that
    the landlord has an unfettered right to choose the premises is to
    negative the very raison d’etre of the Rent Act. Undoubtedly, if it is
    shown by the tenant that the landlord has some other vacant
    premises in his possession, that by itself may not be sufficient to
    negative the landlord’s claim but in such a situation the Court
    would expect the landlord to establish that the premises which is
    vacant is not suitable for the purpose of his occupation or for the
    purpose for which he requires the premises in respect of which the
    action is commenced in the Court. It would, however, be a bald
    statement unsupported by the Rent Act to say that the landlord has
    an unfettered right to choose whatever premises he wants and that
    too irrespective of the fact that he has some vacant premises in
    possession which he would not occupy and try to seek to remove
    the tenant. This approach would put a premium on the landlord’s
    greed to throw out tenants paying lower rent in the name of
    personal occupation and rent out the premises in his possession at
    the market rate. To curb this very tendency the Rent Act was
    enacted and, therefore, it becomes the duty of the Court
    administering the Rent Act to bear in mind the object and
    intendment of the legislature in enacting the same. The Court must
    understand and appreciate the relationship between legal rules and
    one of necessities of life-shelter-and the way in which one part of
    the society exacts tribute from another for permission to inhabit a
    portion of the globe. In ‘The Sociology of Law’, edited by Pat
    Carlen, the author examines the rent and rent legislation in England
    and Wales and observes as under: “The prevailing paradigms of
    neo-classical economics and empiricist political theory have
    determined the conceptual insularity of law and legal institutions,
    with the result that they and other social events appear as random
    existences independent of their historical formation. The force of
    any theory of law must of course lie in its explanatory power, and
    this in turn depends on the wider image of social relations which
    produces it.

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    (Emphasis Supplied)

    42. The aforesaid view of the Supreme Court in M.M. Quasim (supra)
    and other views quoted above are consistently followed by the courts in
    the country which make it clear that even the landlord is considered to be
    the best judge to decide his need, the same should be merely a weighing
    factor in order to decide the reasonableness and suitableness of the
    alternative accommodation and ultimately the said question is to be
    decided by the rent controller on objective standards and not on the
    subjective will of the either party be it landlord or the tenant. As I have
    indicated, the reasonableness and suitability of the available
    accommodation is a question of fact, it has to be decided on case to case
    basis by controller by examining the tenability of the pleas of the parties
    rather than just believing the stand of either side. That is why, I have
    indicated that the reasonableness and suitability is to be decide from the
    glasses of man of ordinary prudence as what should be reasonable and
    suitable in the given circumstances.

    *** *** ***

    44 . It has been argued that the first floor of the property is not suitable to
    the respondent No. 1 as the same has entry from the backside of the lane
    and thus the availability of the said space cannot be said to be reasonably
    convenient premises. I find that the said aspect of entry from the back
    lane and thus becoming a unreasonably suitable accommodation as a
    disputed question of fact on which the finding cannot be arrived at by
    giving a preference to the one set of facts over the other. It is to be tested
    in trial as to whether the entry from front side could be available to the
    respondent No. 1 for his convenience. Suffice it to say that in the area
    like Sundar Nagar where the property rates are touching the sky and the
    premise in the said area is almost beyond the purchasing power of
    common man, the availability of the first floor of the property where
    business can be conveniently carried out lawfully itself is a good ground
    to doubt the non availability of the reasonable sufficient accommodation
    when the respondent No. 1 is already carrying out jewellery business in
    the ground floor of property No. 9A Sunder Nagar. The finding as to
    entry from the back lane and it is inconvenient to the respondent No. 1 is
    also a matter of fact finding. The same is to be tested in trial as the tenant
    disputes the said position.”

    20. In support of the aforesaid submissions, learned Senior Counsel

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    had further placed reliance upon the following judgments: –

    i. Deena Nath Vs. Pooran Lal11, (Para 15);

    ii. Rajhans Realtors Pvt. Ltd. Vs. Rajinder Kumar Goyal and Ors.12,
    (Para
    5);

    iii. Devinder Kumar Choudhry Vs. Rambir Singh13, (Paras 13-16);
    iv. Sunil Kumar Jain Vs. Dinesh Bhatia14, (Para 13.3);
    v. Deepak Gupta Vs. Sushma Aggarwal15, (Paras 9, 13-19, 23 & 25);
    vi. Ashok Kumar Gupta Vs. Rajesh Kumar and Ors.16, (Paras 8-9).

    SUBMISSIONS ON BEHLAF OF THE RESPONDENT

    21. Learned Senior Counsel for the Respondent, submitted the
    reference to the second and third floor of the subject premises in the
    eviction petition ought to have been read as third floor and the terrace of
    the subject premises. It was further submitted that the said portions are
    presently being run as a business of co-working space. It was further
    stated that the floor above the tenanted premises and below the third
    floor was sold by the Respondent. It was further submitted that the said
    fact was duly disclosed by the Respondent in the reply to the leave to
    defend application filed by the Petitioners before the learned ARC and
    the relevant portion of the said is reproduced as under: –

    11

    AIR 2001 SC 2655
    12
    2024: DHC: 8477
    13
    2025: DHC: 10802
    14
    2024: DHC:7952
    15
    2013: DHC:3580
    16
    2016 (154) DRJ75

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    “That the contents of paragraph no. 17 are false and hence denied. It is
    submitted that the reference to second floor and third floor in paragraph
    18 (a) (xi) is actually the third floor and terrace of the said building and
    the same is in occupation of the co-working business. The Floor above
    the subject premises and below the coworking space was sold on
    23.12.1993, 18.04.2000 and on 14.02.2017. The said floor is the earliest
    floor which is accessible from the Middle Circle and the same is not in
    possession of the Petitioner. It is further submitted that as has been stated
    hereinabove the third floor and terrace of the said building is in use and
    occupation by the co-working space business of the Petitioner. The said
    business is generating good revenue and occupies the entire third floor as
    well as the terrace leaving no space for the office of the directors or the
    display area for art business. In regard to the formation of the middle
    circle and other businesses in the middle circle, it is submitted that the
    Petitioner has no space to use even in the middle circle and the law as
    has been laid down is clear on the fact that the Petitioner is the best and
    only judge of its needs and the tenant cannot be permitted to dictate the
    terms.”

    22. Learned Senior Counsel appearing on behalf of the Respondent
    drew attention of this Court to the following portion of the eviction
    petition, as filed before the learned ARC: –

    “(ii) The Petitioner is family run private company and the Petitioner
    is in urgent bona-fide requirement of the said premises for its Art
    Business Wing. The shareholding of the Petitioner is as under:

                                      Name of shareholder              No. of shares
                                      Mr. Vikramjit Singh              6500
                                      Mrs. Soni Manjit Singh           7500
                                      Mrs. Bhagwanti Singh             3000
                                      Ms. Niamat Singh                 1500
                                      Mr. Fateh Singh                  1500
    
    

    (iii) The Petitioner Company through Ms. Niamat Singh and Mr. Fateh
    Singh who are also the shareholder, children of the Promoter Managing
    Director, Mr. Vikramjit Singh, as well as the employee of the Petitioner
    established a new stream of operations i.e. Art Business Wing of the –

    Petitioner Company under its trademark “the Biv” which is the business

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    of curating, managing and running art galleries for exhibition of art and
    deal in paintings, art produce, artifacts, sculpture, decorative arts,
    furniture, textiles, costume, drawings, pastels, watercolors, collages,
    prints, artist books, photographs, installation art for hosting and curating
    art galleries being the Art Business Wing of the Petitioner Company. The
    trademark registration of the Biv by the Petitioner is annexed hereto as
    Annexure 4.

    (iv) That Ms. Niamat Singh and Mr. Fateh Singh, both shareholders
    and employees of the Petitioner Company, possess the necessary
    qualifications to expand the Art Business Wing and create supplementary
    revenue streams for the company. Ms. Niamat Singh holds a post-
    graduate degree in International Relations with a specialization in the
    History of Art, while Mr. Fateh Singh has graduated in Business
    Administration.”

    It was submitted that the Respondent had specifically disclosed in
    the eviction petition that the tenanted premises were required for
    expansion of its new art business wing, which was being operated under
    the trademark “The Biv”. It was further submitted that the tenanted
    premises were required for establishing office space for two directors of
    the Respondent company, namely, Mr. Fateh Singh and Ms. Niamat
    Singh, along with display area for paintings, storage and allied business
    activities qua the said art business wing.

    23. Learned Senior Counsel for the Respondent further drew attention
    of this Court to the site plan, as filed before the learned ARC, and the
    same is reproduced as under: –

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    It was contended that the tenanted premises are situated on the
    first floor of the subject premises and access thereto is only possible
    from Connaught Place’s inner circle. It was further submitted that the

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    contention advanced on behalf of the Petitioners that the third floor and
    terrace of the subject premises were available with the Respondent and
    the latter was already operating the said art business wing therefrom, is
    unfounded. It was submitted that access to the third floor and the terrace
    of the subject premises is only from Connaught Place’s middle circle and
    it is a matter of common knowledge that the inner circle enjoys
    substantially better commercial visibility and footfall as compared to the
    middle circle. Learned Senior Counsel further submitted that the first
    floor of the subject premises was best suited for the bona fide
    requirement of the Respondent, as access thereto was directly from
    Connaught Place’s inner circle. It was further submitted that the third
    floor and the terrace of the subject premises were already occupied and
    being utilised for co-working operations and were not in possession of
    the Respondent, and therefore, the same could not have been utilised for
    satisfying the bona fide requirement of the Respondent.

    24. Learned Senior Counsel further drew attention of this Court to the
    proposed site plan, trademark registration and brochure of the exhibition
    carried out by the Respondent, as filed before the learned ARC, and the
    same are reproduced as under: –

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    It was submitted that the argument advanced on behalf of the
    Petitioners that the Respondent did not intend to operate the said art
    business wing from the tenanted premises, is devoid of merit, inasmuch
    as the Respondent had already commenced operations qua the bona fide
    requirement and the same was not a mere desire or wish. It was further
    submitted that the trademark registration of the said venture had also not
    been disputed by the petitioners. Qua the proposed site plan, learned
    Senior Counsel appearing on behalf of the Respondent submitted that the
    Petitioners had merely denied the same in their leave to defend

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    application, and no substantive material had been placed on record to
    contradict the said proposed site plan.

    25. Learned Senior Counsel for the Respondent further drew attention
    of this Court to the challans, as reproduced hereinbefore, and submitted
    that the plea of the said challans being forged and fabricated was never
    taken by the Petitioners before the learned ARC and the same has been
    raised for the first time before this Court. It was thus submitted that the
    Petitioners cannot be permitted to raise a fresh plea at this stage.

    26. In support of the aforesaid submissions, learned Senior Counsel
    for the Respondent had placed reliance on Sunder Singh Talwar v.
    Kamal Chand Dugar17
    , in particular the following paragraphs: –

    “22. Even otherwise, the plea is misplaced and misconceived. It is
    settled legal position in this regard that a landlord while filing an
    eviction petition for bona fide need, need not specify the exact
    business which is proposed to be carried out from the tenanted
    premises for which the eviction has been sought. In fact, even if in
    the eviction petition a particular purpose is stated, the landlord is
    not bound by the said purpose and after an eviction order, can
    change his mind and use the premises for a different kind of
    business. It is settled by a catena of judgments that the landlord has
    not to give an elaborate description of the business or the nature of
    business that he seeks to carry out in the premises. In this context
    reference may be had to the judgment of this court in Puran Chand
    Aggarwal v. Lekh Raj
    , (2014) 1 RCR (Rent) 552 : (2014) 210
    DLT 131, wherein the court held as follows:–

    “26. As far as business is concerned, it is not necessary
    that the landlord must show some evidence that he has
    experience of said business. That is not the requirement of
    law in order to file the eviction petition on the grounds of
    17
    2018 SCC OnLine Del 8376

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    bonafide requirement.

    27. The following judgments do help the case of the
    respondent:

    Start new business/no experience required

    (i) In Ram Babu Agarwal v. Jay Kishan Das, (2009) 2
    RCR (Rent) 455 : (2010) 1 SCC 164, it was observed
    that “A person can start a new business even if he has no
    experience in the new business that does not mean that his
    claim for starting new business must be rejected on the
    ground that it is a false claim. Many people start new
    businesses even if they do not have experience in the new
    business and sometimes they are successful in the new
    business also.”

    (ii) In Tarsem Singh v. Gurvinder Singh, (2010) 2 RCR
    (Rent) 604 : (2010) 173 DLT 379, it was observed that
    “If the landlord wants to start his own business in the
    premises owned by him then by no stretch of imagination,
    it can be said that the requirement of the landlord for the
    premises is neither bonafide nor genuine.”

    (iii) In Balwant Singh Chowdhary v. Hindustan
    Petroleum Corporation Ltd.
    , (2004) 1 RCR 487, it was
    held that “It is not necessary for the landlord to plead and
    prove the specific business he wants to set up, if the
    landlord wanted the premises for business purposes.”

    (iv) In Gurcharan Lal Kumar v. Srimati Satyawati,
    (2013) 2 RCR (Rent) 120 it was observed that “Merely
    because the exact nature of business has not been
    described would not take away their bonafide need to
    carry out a business (when admittedly both the sons are
    dependent upon petitioner for this need). It was observed
    that if the business need is not disclosed this would not
    wipe away the bonafide need of the landlord as has been
    pressed under Section 14(1)(e) of the DRCA, 1958.”

    (v) In Raj Kumar Khaitan v. Bibi Zubaida Khatun,
    (1995) 1 RCR (Rent) 495 : (1997) 11 SCC 411 : AIR
    1995 SC 576, it was observed that “It was not necessary
    for the appellants-landlords to indicate the precise nature
    of the business which they intended to start in the
    premises. Even if the nature of business would have been
    indicated nobody would bind the landlords to start the
    same business in the premises after it was vacated.”

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    Hence, the legal position is quite clear. The landlord need not to
    show evidence that he has experience of said business that he
    proposes to start. In fact, it is not necessary for landlord to indicate
    the precise nature of business which he intends to start in the
    premises. Hence if for some reason there is an impediment in the
    way of the petitioner/petitioner’s son from starting a computer shop
    from the tenanted premises, the said petitioners would be free to
    change the nature of business and use the suit property for carrying
    on business which confirms to the legal requirements. There is no
    merit in the contention of the petitioner that the need for starting a
    computer shop is not bonafide requirement.”

    23. Hence, it is settled law that the landlord need not show evidence
    that he has experience of said business that he proposes to start. In
    fact, it is not necessary for the landlord to indicate the precise
    nature of business which he intends to start in the premises. There
    is hence no merit in the said contention of the petitioner.”

    27. Learned Senior Counsel for the Respondent had further placed
    reliance on the judgment of Hon’ble Supreme Court in Anil Bajaj &
    Anr. v. Vinod Ahuja18
    , in particular on the following paragraph: –

    “6. In the present case it is clear that while the landlord (Appellant 1)
    is carrying on his business from a shop premise located in a narrow
    lane, the tenant is in occupation of the premises located on the main
    road which the landlord considers to be more suitable for his own
    business. The materials on record, in fact, disclose that the landlord
    had offered to the tenant the premises located in the narrow lane in
    exchange for the tenanted premises which offer was declined by the
    tenant. It is not the tenant’s case that the landlord, Appellant 1, does
    not propose to utilise the tenanted premises from which eviction is
    sought for the purposes of his business. It is also not the tenant’s case
    that the landlord proposes to rent out/keep vacant the tenanted
    premises after obtaining possession thereof or to use the same is any
    way inconsistent with the need of the landlord. What the tenant
    contends is that the landlord has several other shop houses from
    which he is carrying on different businesses and further that the
    landlord has other premises from where the business proposed from

    18
    (2014) 15 SCC 610

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    the tenanted premises can be effectively carried out. It would hardly
    require any reiteration of the settled principle of law that it is not for
    the tenant to dictate to the landlord as to how the property belonging
    to the landlord should be utilised by him for the purpose of his
    business. Also, the fact that the landlord is doing business from
    various other premises cannot foreclose his right to seek eviction
    from the tenanted premises so long as he intends to use the said
    tenanted premises for his own business.”

    28. Learned Senior Counsel for the Respondent further placed
    reliance on Sarwan Dass Bange v. Ram Prakash19, and particularly on
    the following paragraph: –

    “17. The Senior Counsel for the petitioner/landlord has in this
    regard drawn attention to the judgment of the Supreme Court
    in Baldev Singh Bajzva v. Monish Saini, (2005) 12 SCC 778.
    Though that judgment was on the provisions of the East Punjab
    Rent Restriction Act, 1949
    relating to NRI’s but the law laid down
    therein is of general application. The Supreme Court took up for
    adjudication, the contentious issue relating to the standard of proof
    required by the NRI landlord to prove his requirement of the
    accommodation from which ejectment is asked for and the factors
    to be considered at the stage of granting leave to defend. It was held
    that the legislative intent is of expeditious disposal of the
    application for ejectment of tenant filed on the ground of
    requirement by the landlord of the premises for his own occupation;
    a special category of landlords requiring the premises for their own
    use has been created; if there is any breach by the landlord, the
    tenant is given a right of restoration of possession; the landlord who
    evicts a tenant on the ground of own requirement is not only
    prohibited from letting out the premises or disposing of the same
    but also required to use the same for his own residence only. It was
    held that these restrictions and conditions inculcate in built strong
    presumption that the need of the landlord is genuine; the conditions
    and restrictions imposed on the landlord make it virtually
    improbable for the landlord to approach the Court for ejectment of
    tenant unless his need is bona fide–no unscrupulous landlord in all

    19
    2010 SCC OnLine Del 351

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    probability, under this section, would approach the Court for
    ejectment of the tenant considering the onerous conditions imposed
    on him. It was further held that this inbuilt protection in the Act for
    the tenants implies that whenever the landlord would approach the
    Court his requirement shall be presumed to be genuine and bona
    fide. It was further held that a heavy burden lies on the tenant to
    prove that the requirement is not genuine. The tenant is required to
    give all the necessary facts and particulars supported by
    documentary evidence if available to prove his plea in the affidavit
    itself so that the Controller will be in a position to adjudicate and
    decide the question of genuine or bona fide requirement of the
    landlord; a mere assertion on the part of the tenant would not be
    sufficient to rebut the strong presumption in the landlord’s favour
    that his requirement of occupation of the premises is real and
    genuine.”

    29. Learned Senior Counsel for the Respondent further placed reliance
    on the following portion of M/s A.K. Woolen Industries & Ors. v. Shri
    Narain Gupta20
    : –

    “19. The law to be applied in this regard has been laid down by the
    Supreme Court in Ragavendra Kumar v. Firm Prem Machinery &
    Co.
    (2000) 1 SCC 679, Sait Nagjee Purushotham & Co.
    Ltd. v. Vimalabai Prabhulal
    (2005) 8 SCC 252 and Anil
    Bajaj v. Vinod Ahuja
    (2014) 15 SCC 610. It has been held that even
    if the landlord has other commercial premises available to him and
    even if the landlord is carrying on other businesses, if it is found
    that the landlord intends to use the premises in occupation of the
    tenant for carrying on his business therefrom, the landlord is
    entitled to an order of eviction and the Courts cannot intervene in
    the same.”

    30. Learned Senior Counsel for the Respondent further placed reliance
    on A.M. Shah v. Pushpa Sood 21 , in particular on the following
    paragraphs: –

    20

    2017 SCC OnLine Del 11363
    21
    2001 SCC OnLine Del 553

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    “6. Mr. Kapur relied heavily on the decision of the Supreme Court
    in Santosh Devi Soni v. Chand Kiran, JT 2000 (3) SC 397
    and Inderjeet Kaur v. Nirpal Singh
    , 89 (2001) Delhi Law Times 27
    (SC) : 2001 (57) DRJ 182, for his submission that leave to contest
    the petition should have been granted. Even in Santosh Devi’s
    case (supra), the Court has stated in its Order that normally leave
    should be granted; and that in ‘considering the facts and
    circumstances of this case, we deem it fit to grant leave to defend’.

    It did not lay down a proposition calling for universal
    application per se, that even if facts prima facie incredible in nature
    were pleaded, they should like a password result in leave to contest
    being granted. In Inderjeet Kaur‘s case (supra), a reading of the
    following paragraph makes it evident that leave to contest should
    be granted only where a prima facie case has been disclosed. In this
    event, the Additional Rent Controller should grant leave to contest
    and desist from entering into a final consideration of the grounds
    disclosed on their possible merits. The Additional Rent Controller
    should not obviate a trial at this stage, by giving into the merits of
    the grounds, if a final conclusion is available only after evidence is
    led in the Trial. The only possible exception may be where the
    grounds raised are strictly legal in character, not necessitating the
    holding of a trial. It should be borne in mind that a Trial is required
    for establishing facts, and not law.
    The Apex Court opined
    in Inderjeet Kaur‘s case (supra) as follows:–

    “We are of the considered view that at a stage when the
    tenant seeks leave to defend, it is enough if he prima
    facie makes out a case by disclosing such facts as would
    disentitle the landlord from obtaining an order of eviction.
    It would not be a right approach to say that unless the
    tenant at that stage itself establishes a strong case as
    would non-suit the landlord leave to defend should not be
    granted when it is not the requirement of Section 25B(5).
    A leave to defend sought for cannot also be granted for
    mere asking or in a routine manner which will defeat the
    very object of the special provisions contained in Chapter
    IIJA of the Act
    . Leave to defend cannot be refused where
    an eviction petition is filed on a mere design or desire of a
    landlord to recover possession of the premises from a
    tenant under Clause (e) of the proviso to sub-section (1) of

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    Section 14, when as a matter of fact the requirement may
    not be bona fide. Refusing to grant leave in such a case
    leads to eviction of a tenant summarily resulting in great
    hardship to him and his family members, if any, although
    he could establish if only leave is granted that a landlord
    would be disentitled for an order of eviction. At the stage
    of granting leave to defend parties, rely on affidavits in
    support of the rival contentions. Assertions and counter
    assertions made in affidavits may not afford safe and
    acceptable evidence so as to arrive at an affirmative
    conclusion one way or the other unless there is a strong
    and acceptable evidence available to show that the facts
    disclosed in the application filed by the tenant seeking
    leave to defend were either frivolous, untenable or most
    unreasonable. Take a case when a possession is sought on
    the ground of personal requirement, a landlord has to
    establish his need and not his mere desire. The ground
    under Clause (e) of the proviso to sub-section (1) of
    Section 14 enables a landlord to recover possession of the
    tenanted premises on the ground of his bona
    fide requirement. This being an enabling provision,
    essentially the burden is on the landlord to establish his
    case affirmatively. In short and substance wholly
    frivolous and totally untenable defence may not entitle a
    tenant to leave to defend but when a triable issue is raised
    a duty is placed on the Rent Controller by the statute itself
    to grant leave. At the stage of granting leave the real test
    should be whether facts disclosed in the affidavit filed
    seeking leave to defend prima facie show that the landlord
    would be disentitled from obtaining an order of eviction
    and not whether at the end defence may fail. It is well to
    remember that when a leave to defend is refused, serious
    consequences of eviction shall follow and the party
    seeking leave is denied an opportunity to test the truth of
    the averments made in the eviction petition by cross-
    examination. It may also be noticed that even in cases
    where leave is granted provisions are made in this very
    Chapter for expeditious disposal of eviction petitions.
    Section 25B(6) states that where leave is granted to a
    tenant to contest the eviction application, the Controller
    shall commence the hearing of the application as early as

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    practicable. Section 25B(7) speaks of the procedure to be
    followed in such cases. Section 25B(8) bars the appeals
    against an order of recovery of possession except a
    provision of revision to the High Court. Thus a combined
    effect of Sections 25B(6), (7) and (8) would lead to
    expeditious disposal of eviction petitions so that a
    landlord need not wait and suffer for long time. On the
    other hand, when a tenant is denied leave to defend
    although he had fair chance to prove his defence, will
    suffer great hardship. In this view a balanced view is to be
    taken having regard to competing claims.”

    7. In Madan Lal Gupta v. Ravinder Kumar, (2001) 1 SCC 252, the
    Apex Court declined to interfere in the concurrent refusal to grant
    leave to contest even after referring to the cases of Santosh
    Devi
    (supra) and Liaq Ahmed v. Habeeb-Ur-Rehman, (2000) 5 SCC
    708 : 2000 (56) DRJ (Suppl) 217.

    8. Returning to the case in hand, it is to be seen whether the
    Additional Rent Controller could have arrived at the conclusion that
    a prima facie case had not been made out by the Tenant. If his
    conclusion is possible and not perverse, this Court would not
    interfere even if it favoured a different view. The Additional Rent
    Controller has opined that no accommodation was available to the
    landlady on the 2nd Floor which was fit for her habitation. This
    view is based on several precedents of this Court. It is well
    entrenched that the landlord is the best Judge of his needs, and if
    the demand is not absurd, the Court should desist from scrutinising
    it minutely. The Additional Rent Controller was obviously and
    correctly influenced by the size and temporary character of the
    rooms, and that whilst the second floor may well be used for the
    ‘factory’ and as quarters for employees, it was not reasonably
    suitable for the Landlady’s residential need. Keeping in perspective
    the accommodation disclosed by both parties, the version of letting
    to persons other than the present Tenant is mere moonshine. The
    finding that the landlady/widow required the premises bona fide is
    not open to revision as no jurisdictional error has been committed.”

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    31. Learned Senior Counsel for the Respondent further placed reliance
    on Nirmala Kumari & Ors. v. Girish Kakkar & Anr. 22, in particular
    on the following paragraph: –

    “69. The judgments relied upon by learned counsel for the petitioners
    are distinguishable.

    i. Deepak Gupta (supra)- In this case, the Court was of the view that
    if the tenant filed a leave to defend application along with an
    affidavit questioning bona fide need of the landlord stating that he is
    the owner of other two shops, the Rent Controller simply could not
    have brushed aside these facts as inconsequential in nature, unless
    plausible explanation comes from the landlord as to how the same
    are not reasonably suitable accommodation. The Court also observed
    that the Controller has a statutory duty to grant leave to defend if the
    affidavit discloses such facts which could raise suspicion on the
    genuine need of the landlord. In the present case, the respondents
    have given a satisfactory explanation that the portion of the tenanted
    premises which is available with them is insufficient to meet their
    needs. I also have no doubts regarding the bona fide needs of the
    respondents.
    In Deepak Gupta (supra), the Court was also of the
    view that the proviso of section 14 of the DRC Act is an exception
    and the tenants need protection from unjust and unreasonable
    evictions. The said basic fulcrum of this judgment has undergone a
    drastic change. The Hon’ble Supreme Court has stated that much
    water has gone under the bridge with regard to the protection that
    were required to be given to the tenants5. I have also held that the
    DRC Act has somewhat outlived it’s utility6.

    ii. Arjun Uppal (supra)- In this case, the learned ARC was of the
    view that triable issues have been raised by the tenants, while in the
    instant case, the learned ARC was of the view that no triable issue
    has been raised by the tenants.
    In addition, in Sarla Ahuja (supra),
    the Hon’ble Supreme Court has held that the need of the landlord is
    to be presumed to be bona fide.

    iii. Bharat Glass and Plywood Co. (supra)- In this case, one of the
    reasons which weighed with the Court was that the need of the son of

    22
    2024 SCC OnLine Del 3671

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    the landlord was not in presenti, but upon “likelihood and in future”.

    In present case, the need of the respondents and their family
    members is in presenti.

    iv. Khem Chand (supra)- In this case, the Court was of the view that
    the need of the son and daughter of the landlord and their likelihood
    of joining the landlord’s business was doubtful, which is not the case
    here. The need of the landlords in this case is in presenti. No doubts
    have been created regarding the bona fide need of the landlords.

    v. Kishan Chand Rathi (supra)- This judgment is regarding the
    business needs of the landlords. The Court was of the view that there
    is no material to show that the business of the landlords had grown
    thereby requiring the tenanted premises. In present case, the tenanted
    premises are required by the landlords-respondents for their
    residential purposes.

    vi. Sanjay Chug (supra) and Vijay Nayyar (supra)- These judgments
    also relate to business requirements of the landlords. In the present
    case, the landlords require the tenanted premises for residential
    purposes. The landlord is the best judge of his requirement and no
    fetters can be put in this regard.”

    32. Per contra, learned Senior Counsel for the Respondent had sought
    to distinguish the judgments relied upon by the Petitioners. Qua Santosh
    Devi
    (Supra), it was submitted that the observations contained therein,
    were rendered in the peculiar facts and circumstances of the said case,
    where additional residential accommodation had become available to the
    landlord during the pendency of the eviction proceedings.

    33. Qua the judgment of Charan Dass Duggal (Supra), it was
    submitted by the learned Senior Counsel for the Respondent that same
    was also distinguishable on facts, inasmuch as the landlord therein was
    residing at Pathankot, whereas the tenanted residential premises were
    situated in Delhi. Similarly, qua Inderjeet Kaur (Supra), it was

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    submitted that the landlord therein was residing in the United Kingdom,
    and he had sought eviction of the tenant from the premises situated at
    Delhi.

    34. Qua Khem Chand (Supra), it was submitted by the learned
    Senior Counsel for the Respondent that the same was distinguishable on
    facts, as the entire first floor of the subject premises therein, was lying
    vacant and available with the landlord, and further, the sons for whose
    requirement the eviction was sought, were not dependent upon the
    landlord.

    35. Qua Deena Nath (Supra), learned Senior Counsel for the
    Respondent submitted that the said judgment is distinguishable on facts,
    inasmuch as the landlord therein had failed to explain the non-utilisation
    of a vacant showroom available with him.
    Qua Rajinder Kumar Goyal
    (Supra), it was submitted that the facts of the said case were entirely
    different, as the parties therein had consented to mediation and had
    agreed that execution proceedings would not be initiated during the
    pendency of the mediation proceedings.

    36. Qua Rajhans Realtors Pvt. Ltd. (Supra), learned Senior Counsel
    for the Respondent submitted that the said judgment, in fact, supports the
    case of the Respondent, as the eviction petition therein had been allowed
    on the ground of bona fide requirement.

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    37. Qua Deepak Gupta (Supra), it was submitted that the landlord
    therein had already obtained possession of two other properties in the
    same vicinity through rent control proceedings and the said properties
    were available for the alleged requirement.

    38. Qua Ashok Kumar Gupta (Supra), learned Senior Counsel for the
    Respondent submitted that the said judgment is distinguishable on facts,
    as the landlord therein had taken contradictory stands with respect to the
    alleged requirement in the legal notice as well as in the eviction petition.

    REJOINDER SUBMISSIONS

    39. Learned Senior Counsel for the Petitioners submitted that the third
    floor of the subject premises is admittedly in occupation of “The Biv”

    and the said entity is already operating therefrom. It was thus submitted
    that the question whether approximately 7,500 sq. ft. of space available
    with the Respondent was sufficient or insufficient for the alleged bona
    fide requirement, itself raises a triable issue which could not have been
    decided without a trial.

    40. Learned Senior Counsel for the Petitioners further submitted that
    objections qua the challans filed by the Respondent had already been
    raised by the Petitioners in their leave to defend application itself and the
    same formed part of the record before the learned ARC. It was submitted
    that despite the said objections having been specifically raised, the
    learned ARC had failed to deal with the same while rendering the
    impugned judgment.

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    41. Learned Senior Counsel for the Petitioner had further argued that
    the learned ARC had failed to consider a substantial triable issue, as
    raised by the Petitioners qua applicability of Section 22 of the DRC Act
    in the present case. It was argued that the Petitioners had specifically
    contended that the issue of maintainability of the eviction petition
    required consideration in view of the order dated 17.03.2025 passed by
    the Hon’ble Supreme Court in Rajinder Kumar Goyal v. Rajhans
    Realtors Private Limited
    in SLP 4169/2025, wherein the Hon’ble
    Supreme Court had stayed the judgment passed by the learned Single
    Judge of this Court in Rajhans Realtors Pvt. Ltd. (Supra).
    It was
    submitted that the issue regarding the applicability of Section 22 of the
    DRC Act to eviction petitions filed by a company, which was considered
    by the learned Single Judge of this Court in Rajhans Realtors Pvt. Ltd.
    (Supra), is presently pending consideration before the Hon’ble Supreme
    Court. It was contended that the said issue has not attained finality, and
    therefore, constituted a substantial triable issue. It was further submitted
    that despite the aforesaid contention having a direct bearing on the
    maintainability of the eviction petition, no finding qua the same was
    returned by the learned ARC in the impugned judgment.

    42. In response to the aforesaid submission, learned Senior Counsel
    for the Respondent had relied upon the judgment passed by the learned
    Division Bench of this Court in K.S. Bhandari v. International

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    Security Printers Private Limited23
    , and had submitted that a company
    or any body corporate can file an eviction petition, invoking both Section
    14 (1)(e)
    or Section 22 of the DRC Act. The relevant portion of the said
    judgment
    is reproduced as under: –

    “Answer to the questions referred vide order dated 22-12-2017
    (K.S. Bhandari v. International Security Printers (P) Ltd. [K.S.
    Bhandari
    v. International Security Printers (P) Ltd., 2017 SCC
    OnLine Del 12520] )

    80. Under these circumstances, the reference is answered as
    under:

    (i) Where the landlord is a 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, whether such
    landlord has a choice, whether to invoke Section 14(1)(e) or
    Section 22 of the Act.

    Answer — Yes, the landlord has a choice to invoke both Section
    14(1)(e)
    and/or Section 22DRC Act, 1958 as may be applicable in
    the facts.

    (ii) Whether the Chairman, Directors, trustees, members of the
    governing body and office-bearers, of a Company or other body
    corporate or any local authority or any public institution qualify as
    ’employees, within the meaning of Section 22 of the Act and if not
    whether such landlord for requirement of such persons is entitled to
    invoke Section 14(1)(e) of the Act.

    Answer — The question whether such persons would qualify as
    employees or not, would depend upon the terms of employment
    between the employer and the employee as also on the facts of each
    case. The landlord is free to avail of remedies either under Section
    14(1)(e)
    or Section 22DRC Act, 1958 as may be applicable. Each
    case has to be decided on its own facts as it is possible that in some
    cases, the employer-employee relationship may or may not exist,
    depending upon the terms of employment.

    (iii) Whether the tenant of such a landlord can be construed as
    having acted in contravention of the terms under which he was
    authorized to occupy the premises or be construed as in

    23
    2025 SCC OnLine Del 3438

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    unauthorized occupation of the premises, within the meaning of
    Sections 22(b) and (c) of the Act, on continuing in occupation after
    determination of his tenancy under Section 106 of the Transfer of
    property Act, 1882.

    Answer — The question as to whether upon termination of a
    tenancy under Section 106 of the Transfer of Property Act, 1882 a
    tenant is under unauthorized occupation or not, or in contravention
    of the terms or not, would have to be determined on the basis of the
    contract or agreement between the parties. The question as to what
    the terms of the tenancy, whether there is a violation, whether there
    is termination, whether the termination is lawful and whether tenant
    is in unauthorized occupation, would have to be determined on the
    facts.

    (iv) Whether the commercial or industrial or other requirement
    of a landlord, which/who is a Company or other body corporate or
    any local authority or any public institution, of premises, by
    allowing its employees to work or carry on its activities therein is
    within the ambit of Section 22 of the Act and if not, whether for
    such requirement such a landlord can invoke Section 14(1)(e) of
    the Act.

    Answer — The purpose of the tenancy i.e. whether the premises
    is let for residential or non-residential purposes, would no longer be
    relevant under Section 14(1)(e)DRC Act, 1958 in view of the
    judgment, Satyawati Sharma v. Union of India [Satyawati
    Sharma v. Union of India, (2008) 5 SCC 287] . The said judgment
    would have equal applicability even in the case of Section 22DRC
    Act, 1958.

    (v) Whether a public charitable trust carrying on public
    activities qualifies as a public institution.

    Answer — No to the extent that a public charitable trust
    carrying on public activities which is set up by private persons
    would not be covered under Section 22DRC Act, 1958.

    (vi) Whether a deity in a temple owning properties or a trust or
    a society managing a place of worship qualifies as a public
    institution.

    Answer — Yes. So long as the trust or the society managing the
    place of worship is not a private trust. Insofar as a deity is
    concerned, if the society or trust or any other entity managing the
    temple is controlled by the Government, State or local authority,
    directly or indirectly, Section 22DRC Act, 1958 would apply.

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    However, if the same is controlled by a private body/private trust, it
    would not fall under the ambit of Section 22DRC Act, 1958.

    (vii) Whether the choice if any with such a landlord, to invoke
    either Section 14(1)(e) or Section 22 of the Act, is to the detriment
    of the tenant and if so to what effect.”

    Answer — The remedies provided under the statute to a
    landlord or the protection extended to tenants under the statute,
    have to be presumed to be in balance with each other. So long as
    the remedies are availed by the landlord in terms of the provisions
    DRC Act, 1958 the same cannot be construed as being to the
    detriment of the tenant.”

    43. Learned Senior Counsel for the Petitioners had further refuted the
    argument of the Respondent that the issue regarding the genuineness of
    the challans was never raised before the learned ARC and it is only
    before this Court that the said issue is being raised by the Petitioners for
    the first time. It was submitted that the said issue was raised before the
    learned ARC in the application seeking leave to defend, and despite the
    said contention, the learned ARC had failed to return any findings qua
    the same in the impugned judgment. The relevant portion of the said
    application is reproduced as under: –

    “15. That it is submitted that the Petitioner has filed certain
    Challans from Pages 30 to 33 of the Petition. A bare perusal
    of the same would suggest that the said Challans appear to be
    bogus and fabricated, as can be clearly seen from the Serial
    Number and Dates mentioned on them. For instance, Challan
    No. 219 Is dated 12.01.2023 whereas Challan No. 216 is dated
    17.01.2023.”

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    ANALYSIS

    44. Heard the learned Senior Counsels for the parties and perused the
    record.

    45. The relevant portion of the impugned judgment passed by the
    learned ARC reads as under: –

    “16. The bona fide requirement as stated by the
    petitioner/landlord is that the tenanted premises are required
    by it for expanding its business under art wing. The petitioner
    averred that it is a family run private company comprising of
    five shareholders and the premises are required bonafidely for
    its art business wing which is a new stream of operation of the
    petitioner company under its trademark ‘The Biv’. Ms. Niamat
    Singh and Mr. Fateh Singh, both shareholders and employees
    of the petitioner company possess the necessary qualifications
    to expand the said business and create, supplementary revenue
    streams for the company. The petitioner’s claim is that as the
    art business wing is expanding, the lack of adequate business
    space for meeting, storage, and sale are becoming increasingly
    detrimental, resulting in significant work disruption. Due to
    expansion of the petitioner’s art wing business, need for a
    permanent physical space becomes indispensable as a
    dedicated area is required for display of the painting art works
    and additionally space is also required for storage of goods as
    well as office meetings with buyers, artists and office vendors.
    Petitioner’s requirement is adequately met from the premises
    since one of the directors of the petitioner operates from a
    single room office adjacent to the subject premises and
    considering the shared wall of the above said premises, the
    petitioner intends to expand by removing the wall, thereby
    creating a large space for display and storage, alongwith
    smaller cabins. Proposed site plan in support of the above said
    averment is also filed with the petition and the same is
    Annexure 6.

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    17. The petitioner has been categorical in its averment that
    the alternate accommodation in its possession is a third floor,
    which is now insufficient due to expanding of business and
    have resulted into financial losses for co-working space.
    Further, as the art business wing is expanding, the lack of
    adequate petitioner’s business space for meeting, storage, and
    sale are becoming increasingly detrimental, resulting in
    significant work disruption. It is also the petitioner’s averment
    that the access to third floor is through middle circle at
    Connaught place which has significantly less foot traffic than
    the inner circle which has direct access to first floor i.e., the
    tenanted premises. The petitioner has also shown that the first
    floor already has one room of director of the petitioner
    company and as per Annexure 6 same can very well be used
    alongwith proposed office space for the petitioner’s business
    operation at the tenanted premises. The Hon’ble High Court of
    Delhi when faced with similar issue in Lalta Prasad Gupta
    v. Sita Ram RC Rev. No.352/2017 dated 02.08.2017 held
    that petitioner cannot be expected to climb stairs for alternate
    accommodation when floors are ground or lower levels are
    available. Similar observation was also made in M/s.
    Metropolitan Book Co Pvt. Ltd. v. Ahay Rastogi, RC Rev.
    484/2014, dated 13.07.2014.

    18. Thus, the contention raised by the respondent that the
    petitioner’s alternate accommodation at third floor or second
    floor is sufficient, does not hold much water. With respect to
    the issue under consideration, it is relevant to discuss the
    authority laid down that a landlord is the best judge of his
    requirement. In the case titled as Sudesh Kumar Soni & Ors.
    Vs. Prabha Khanna & Ors.
    153 (2008) DLT 652 it was
    observed that:-

    “24. It is often said by courts that it is not for the tenant to
    dictate terms to the landlord as to how else he can adjust
    himself without getting possession of the tenanted premises.
    While deciding the question of bona fides of the requirement
    of the landlord it is quite unnecessary to make an endeavour
    as to how else the landlord could have adjusted himself.

    25. Suitability has to be seen from the convenience of the
    landlord and his family members and on the basis of the
    circumstances including their profession, vocation style of

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    living, habits and background. Landlord is the best judge of
    his residential requirement”

    18.1 Thus, it is an established position of law that a landlord
    is the best judge of his requirement and the court cannot
    direct the landlord as to how and in what manner he should
    live. It has been held that court must place itself in the shoes
    of the landlord and decide whether in the given facts the need
    of the landlord to occupy the premises can be said to be
    natural, real, sincere, honest and that if the answer is in the
    positive, the need is bona fide. Reliance has been placed upon
    the authority laid down in case titled Shiv Swaroop Gupta
    Vs. Dr. Mahesh Chand Gupta
    , 1999, SCC 222.

    18.2 The tenant could not dictate as to how the landlord
    should be using and enjoying his property. If the landlord
    states that he seeks to use the tenanted premises for a
    particular purpose, the tenant could not question and put his
    own suggestions that the said premises could not reasonably
    be used for the purpose as sought by the landlord. Besides
    that, it is also the settled law that the petitioner is not required
    to state the exact business which is proposed to be carried out
    from the tenanted premises. Further, even if the purpose is
    stated in the petition, petitioner is not bound by the same and
    can later use the premises for some other purpose. Reliance
    has been placed upon the judgment of the Hon’ble High Court
    of Delhi in case titled Sunder Singh Talwar v. Kamal
    Chand Dugar
    , 2018 SCC Online Del 8376.

    19. Accordingly, in light of the above discussion, no triable
    issue arises with respect to bona fide requirement of the
    petitioners.

    20 It has been contended by the respondent that petitioner
    has not been true to aver the alternate accommodations
    available to it. It is also the case of the respondent that second
    floor and third floor above the tenanted premises are also
    available with the petitioner.

    21. The petitioner has already stated that, at the first floor
    i.e., the tenanted premises, one room is already in its

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    possession where one director has his office. The Annexure 6
    goes on to show as to how the petitioner proposes to use the
    said office with the rest of the premises once it is vacated.
    Further, the petitioner would have access to its business
    premises from the inner circle which has more footfall and
    better visibility. The respondent has not presented a single
    counter to said argument. The respondent has not denied that
    petitioner has an office for one of its directors adjacent to the
    premises in question. There is no counter from the respondent
    that first floor access from inner circle is unfavourable as
    compared to middle circle access to second floor
    accommodation available in alternative to petitioner.

    21.1 As discussed already, tenant cannot dictate terms to the
    landlord as to how he should use the tenanted premises or
    other premises available with him. It was held by the Hon’ble
    Supreme Court in case titled Shiv Sarup Gupta Vs. Dr.
    Mahesh Chand Gupta
    , AIR 1999 SC 2507 that
    “convenience and safety of landlord and his family members
    would be relevant.”
    And, it was held by the Hon’ble High
    Court of Delhi in case titled Metropolitan Book Company Ltd.
    Vs. Ajay Rastogi
    that-

    “Even assuming other properties available, and which
    actually they are not as stated below, these other properties
    situated far from the present residence of the respondent
    no.1/landlord, and his family members, cannot be considered
    as alternative suitable accommodation.”

    21.2 Further, it was held by the Hon’ble Supreme Court in
    case titled “Sarla Ahuja Vs. United India Insurance Co. Ltd.,
    AIR 1999 SC 100 that-

    “the crux of the ground envisages in clause (e) of Section
    14(1)
    of the Act is that the requirement of the landlord for
    occupation of the tenanted premises must be Bonafide. When
    a landlord asserts that he requires his building for his own
    occupation, the Rent Controller shall not proceed on
    presumption that requirement is not bona-fide. When other
    conditions of the clause are satisfied and when landlord
    shows a prin-facie case, it is open to the Rent Controller to
    draw a presumption that requirement of the landlord is bona-
    fide. It is often said by the Courts that it is not for the tenant

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    to dictate terms to the landlord as to how else he can adjust
    himself without getting possession of the tenanted premises.
    While deciding the question of bona- tides of requirement at
    the landlord, it is quite unnecessary to make an endeavour as
    to how else the landlord could have adjusted himself.”

    22. Thus, it is the established position of law that tenant
    cannot dictate terms as to how the landlord could use his
    property. Also, the convenience of the landlord is to be given
    due weightage. Moreover, the suitability of premises to be
    assessed on basis of requirement of the landlord. Further,
    availability of alternate space and its suitability are entirely
    two different things. Therefore, it also stands established that
    the petitioners do not have any reasonably suitable
    accommodation available with them for the stated purpose.

    46. Learned Senior Counsel appearing on behalf of the Petitioners had
    stressed on the availability of approximately 7,500 sq. ft. of commercial
    space across third floor and terrace of the subject premises being in
    possession of the Respondent. It was submitted that the said space is a
    suitable alternate accommodation already available with the Respondent
    for the alleged bona fide requirement and that the present petition is
    merely a sham in order to get the Petitioners to vacate the tenanted
    premises. It was further submitted that in view of the aforesaid existing
    commercial space, the alleged requirement of the Respondent for the
    tenanted premises becomes a triable issue, and the learned ARC had
    failed to appreciate the same.

    47. At this stage, it would be apposite to refer to the averments made
    by the Respondent in the eviction petition, qua the bona fide requirement
    for the tenanted premises, and the same reads as under: –

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    “(iii) The Petitioner Company through Ms. Niamat Singh
    and Mr. Fateh Singh who are also the shareholder,
    children of the Promoter Managing Director, Mr.
    Vikramjit Singh, as well as the employee of the Petitioner
    established a new stream of operations i.e. Art Business
    Wing of the -Petitioner Company under its trademark
    “the Biv” which is the-business of curating, managing and
    running art galleries for exhibition of art and deal in
    paintings, art products, artifacts, sculpture, decorative
    arts, furniture, textiles, costume, drawings, pastels,
    watercolors, collages, prints, artist books, photographs,
    installation art for hosting and curating art galleries being
    the Art Business Wing of the Petitioner Company. The
    trademark registration of the Biv by the Petitioner is
    annexed hereto as Annexure 4.

    (iv) That Ms. Niamat Singh and Mr. Fateh Singh, both
    shareholders and employees of the Petitioner Company,
    possess the necessary qualifications to expand the Art
    Business Wing and create supplementary revenue streams for
    the company. Ms. Niamat Singh holds a post-graduate degree
    in International Relations with a specialization in the History
    of Art, while Mr. Fateh Singh has graduated in Business
    Administration.

    (v) That the Art Business Wing of the Petitioner Company
    has successfully organized numerous exhibitions. Initially,
    administrative operations were conducted from a small
    office room belonging to the Director of the company and
    the hosting of exhibitions at the other business premises
    situated on the 3rd floor of the Phelps building has
    resulted in demonstrable financial losses for the
    coworking space. These losses primarily stem from
    diminished foot traffic and hindered accessibility
    experienced by potential buyers due to inadequate
    parking facilities, compounded by limited visibility
    resulting from ingress via the rear entrance. However, as
    the Art Business Wing is expanding, the lack of adequate
    space for meetings, storage, and sales became increasingly
    detrimental, resulting in significant work disruptions. The
    invite of the exhibitions hosted by the Biv and the invoices

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    raised on it are annexed hereto as Annexure 5.

    (vi) That since the Petitioner’s business is expanding need for
    a permanent physical space becomes indispensable. Dealing
    in paintings, art products, artifacts, sculptures, and decorative
    arts, which are best appreciated in person, necessitates a
    dedicated area for display. Additionally, the Petitioner
    requires offices for meetings with buyers, artists, and vendors,
    along with adequate storage space for these goods.

    vii) That presently, one of the Directors of the Petitioner
    operates from a single-room office adjacent to the subject
    premises. Considering the shared wall between the
    Director’s Office and the premises, the Petitioner intends
    to expand by removing the wall, thereby creating a larger
    space for display and storage, along with smaller cabins.

    The plan also involves relocating the Director’s office to
    the rear section of the premises. The proposed site plan for
    the Petitioner’s office is annexed herewith as Annexure 6.

    xxx xxx xxx

    (x) That the said Premises is the only suitable location for
    the Petitioner offering superior display potential due to its
    convenient accessibility from the Inner Circle of
    Connaught Place, a prime area in Delhi. Its strategic
    entrance ensures high visibility and easy access for the
    public making it an ideal location for the Petitioner.
    Additionally, the availability of parking further enhances
    its appeal as an ideal location for the Petitioner’s business.
    Furthermore, there are no other premises of similar
    caliber available to the Petitioner, especially considering
    that the mentioned premises share a common wall with
    the Petitioner’s existing office. While the Respondents in
    reply to the RC ARC 39 of 2020, has stated on oath that
    neither is the Respondent No.1 nor is its sub-tenant using the
    said premises. The Respondents have stated that they are
    operating out of its registered office and corporate office at
    Stainless Centre, 4th Floor, Plot No. 50, Sector 32, Gurugram-
    122001, Haryana. The Petition filed by the Petitioner and
    Written Statement filed by the Respondent is annexed

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    herewith as Annexure – 8.

    (xi) That the Petitioner also owns the Second Floor and the
    Third Floor, 9-A, Phelps Building, Connaught Place, New
    Delhi. However, the entrances to these premises are from the
    middle circle, contrasting with the said premises which
    benefits from an entrance in the inner circle. The inner circle
    enjoys significantly higher foot traffic compared to the middle
    circle, which is more suited for businesses not reliant on client
    engagement. There are no other commercial premises owned
    by the Petitioner. It is well settled law that a landlord is the
    best judge of his needs and requirements and the Petitioner
    requires the premises in question for its personal and bonafide
    use.”

    (Emphasis Supplied)

    48. From the above, it is apparent that the Respondent had fully
    disclosed the availability of the space on the third floor and terrace of the
    subject premises and had justified the need of their bona fide
    requirement for the tenanted premises, on the ground of it’s location as
    well as additional space required for expansion of the art business wing.
    In fact, in the reply to the leave to defend application filed on behalf of
    the Petitioners, the Respondent had stated that it was suffering loss of
    business on account of non-availability of adequate space for its art
    business wing. It was further stated that exhibitions had been held
    previously at the co-working space being operated on the third floor and
    terrace of the subject premises; however, the same was not adequate for
    such exhibitions. It was further pointed out that the said space is divided
    into smaller cabins and rooms, and therefore, the same was not
    appropriate for conducting art exhibitions.

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    49. Learned Senior Counsel appearing on behalf of the Petitioners had
    drawn the attention of this Court to a website pertaining to the aforesaid
    space, under the trademark “The Biv”, as to show that the said space was
    being utilised by the Respondent for offering “a place to camp out and
    work hard”. It was submitted that the said space is being offered by the
    Respondent for people to come and work in the following manner: –

    “The space spread across two floors that you can call your
    office. This includes a great terrace garden that looks straight
    on to an unfurling Indian flag dramatically set against an open
    sky”

    50. Learned Senior Counsel appearing on behalf of the Respondent
    had drawn the attention of this Court to the proposed site plan, trademark
    registration and brochures of the exhibitions carried out by the
    Respondent. A perusal of the aforesaid documents would reflect that the
    Respondent is running an Art Business under the trademark of “The
    Biv”. It is also a matter of record that the subject premises is located on
    the first floor and the same can be accessed from Connaught Place’s
    inner circle. It was rightly noted by the learned ARC that the tenanted
    premises was situated at a location affording greater footfall and
    enhanced visibility, owing to its access from the Connaught Place’s inner
    circle. In fact, the screenshots placed on record by the Petitioners with
    respect to property available with the Respondent itself shows that the
    same is more in a nature of working stations and offices. The co-working
    office being run by the Respondent is one it’s business venture and it
    cannot be said that the same should be shut-down so that the space
    utilised by it be then used for art exhibitions, while the Petitioners

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    continue to retain possession of the tenanted premises. It is a well-settled
    law that a tenant cannot dictate as to how the landlord has to utilise its
    premises. The contention of the Petitioners that the space in possession
    of the Respondent is sufficient to cater to the requirements of its
    expanding art business wing cannot be accepted.

    51. Learned Senior Counsel for the Petitioners had submitted that the
    learned ARC while passing the impugned judgment, had mechanically
    applied the proposition that the landlord is the best judge to decide his
    needs, and did not appreciate that present case is of additional
    accommodation. In support of the said contention reliance was placed on
    judgment passed by the learned Single Judge of this Court in Khem
    Chand and Ors.
    (Supra) to argue that the question whether the
    accommodation available, comprising of 7500 sq. feet, was sufficient,
    suitable or reasonable for the Respondent to carry on its business had to
    be examined.

    52. The aforesaid judgment relied upon by learned Senior Counsel for
    the Petitioners was rendered in the facts and circumstances of the said
    case. In the said case, the demised premises for which eviction was
    sought was located on ground floor of property No. 10, Sundar Nagar.
    However, it had come on record that the landlord therein was already
    running his office from ground floor of property No. 9A of Sundar
    Nagar, and was also in occupation of the first floor of property No. 10,
    Sundar Nagar, which was lying vacant. It was also noted by the learned
    Single Judge in the said case that the proposed need of the landlord
    therein, as stated in the eviction petition, was not a felt need, but one

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    which could have been said to be farfetched, based on desire and
    imagination. The relevant observation reads as under: –

    “47. The learned Controller legally erred in the not testing the
    case of both the parties on the objective standards which is the
    requirement of the law for examining the reasonableness and
    suitableness of the alternative accommodation. The learned
    controller ought not have just simply observed that the
    landlord is the best judge to decide his needs but should have
    considered his plea non availability of reasonable
    accommodation vis-Ã -vis the accommodation which the
    respondent is enjoying presently which is property No. 9 A
    Sunder Nagar and also coupled with his ownership of first
    floor of the property No. 10 Sunder Nagar where such
    business can be carried out in the event of any future
    eventuality considering the business at the first floor is
    permissible in the said area. The availability of the alternative
    accommodation at the first floor of the Sundar Nagar property
    should have been weighed with the proposed need of the
    respondent no. 1 as defined in the eviction which is explained
    in broad terms which by itself makes it apparent that the need
    as defined is not a felt need but is the one which can said to be
    far fetched or based on the desires and imagination. All these
    facts clearly casts doubts on the on the stands of the
    respondent no. 1, bonafides of the need of the respondent no.
    1 and the conclusion that there is no availability of the
    alternative reasonably suitable accommodation which cannot
    be arrived atleast in the summarily manner warranting the
    leave to defend.”

    53. Similarly, the contention of the learned Senior Counsel for the
    Petitioners, that the invoices placed on record are at variance with each
    other, with respect to the dates, and therefore, the same becomes a triable
    issue is again not tenable. A perusal of the challans placed on record by
    the Respondent along with the eviction petition shows their GST details,
    as well as further scrutiny of the said challans would indicate that the

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    first two challans dated 12.01.2023 bearing serial nos. 218 and 219,
    pertain to items listed from serial no. 1 to 14 and 15 to 24, respectively.
    The next challan placed on record is dated 17.01.2023 bearing no. 216
    but serial nos. of item contained therein start from serial no. 25 till 26,
    and the fourth challan placed on record dated 20.01.2023 bearing no.
    221 pertains to items listed at serial nos. 27 to 38. These challans have
    been made separately on separate dates with separate items; however, the
    continuity of the item numbers shows that they were bought in the same
    time period, though on different dates. Merely because challan no. 216 is
    dated 17.01.2023 whereas challan nos. 218 and 219 are dated
    12.01.2023 cannot by itself give rise to any triable issue. The
    Respondent, in the eviction petition, had also placed on record relevant
    materials to show the previous exhibitions organised by them in
    furtherance of their art business wing. Thus, even if the challans are
    ignored, the fact that the Respondent is running an art business wing had
    been brought on record.

    54. In the considered opinion of this Court, as pointed out
    hereinbefore, the bona fide need of the Respondent herein can neither be
    stated to be one based on desire and imagination. Enough material had
    been placed on record to demonstrate that Respondent is indeed running
    an art business wing and had conducted exhibitions prior to the filing of
    the eviction petition. The Respondent had categorially explained in its
    eviction petition as to why the property in its possession is not sufficient
    and that the tenanted premises is an alternate suitable accommodation to
    run the art business wing. The other judgments relied upon by learned

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    Senior Counsel for the Petitioners were rendered on their own peculiar
    facts. The proposition of law in the said judgments is not in dispute;
    however, the same have been adequately distinguished on facts by the
    learned Senior Counsel for the Respondent, as noted hereinbefore.

    55. It is noted that the location of the tenanted premises, having access
    from Connaught Place’s inner circle, was not the only fact considered by
    the learned ARC, and the same was read in context with the requirement
    of tenanted premises for the Respondent to expand their art business
    wing. The aforesaid business is not a proposed plan, and the same is
    being run as demonstrated by the documents placed on record. It is not
    the case of proposed business plan for which the tenanted premises is
    required, but the same is required for expansion of an already running
    business for which the concerned tenanted premises is suitable for the
    Respondent.

    56. In Anil Bajaj & Anr. (Supra), the Hon’ble Supreme Court had
    categorically reiterated the settled principle of law that it was not for the
    tenant to dictate the landlord as to how the property belonging to the
    landlord should be utilised for the purposes of his business, and also the
    fact that the even if the landlord is doing business from various other
    premises, the same cannot foreclose his right to seek eviction from the
    tenanted premises, so long as he intends to use the same for his own
    business. The case of the Respondent is on the same footing.

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    57. With regard to the submission made on behalf of the learned
    Senior Counsel for the Petitioners qua the applicability of Section 22 of
    the DRC Act in the eviction petition, this Court finds no merits in the
    same. As pointed out hereinabove, the Hon’ble Division Bench of this
    Court in K.S. Bhandari (Supra), had already answered the said question
    and has held that a company or a body corporate is not barred from
    invoking the provisions of Section 22 or Section 14(1)(e) of the DRC
    Act, as applicable to the facts of the said case. This Court further notes
    that challenge to the said judgment had been dismissed by the Hon’ble
    Supreme Court vide order dated 03.11.2025 passed in SLP(C) No.
    32272/2025.

    58. This Court has perused the record and considered the submissions
    advanced on behalf of the parties. It is well settled that the powers of this
    Court under Section 25B(8) of the DRC Act are limited and not as wide
    as those of an Appellate Court. The scope of interference is confined to
    examining whether the impugned order suffers from any illegality,
    material irregularity or jurisdictional error. In Sarla Ahuja v. United
    India Insurance Co. Ltd.24
    , the Hon’ble Supreme Court had observed
    and held as under: –

    “8. …… The satisfaction of the High Court when perusing the
    records of the case must be confined to the limited sphere that
    the order of the Rent Controller is “according to the law.” In
    other works, the High Court shall scrutinize the records to
    ascertain whether any illegality has been committed by the
    Rent Controller in passing the order under Section 25B. It is

    24
    (1998) 8 SCC 119: AIR 1999 SC 100

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    not permissible for the High Court in that exercise to come to
    a different fact finding unless the finding arrived at by the
    Rent Controller on the facts is so unreasonable that no Rent
    Controller should have reached such a finding on the
    materials available.”

    59. The Hon’ble Supreme Court, in Abid-Ul-Islam v. Inder Sain
    Dua25
    , has held that this Court, while exercising revisional jurisdiction
    under Section 25B-(8) of the DRC Act, is not expected to substitute its
    own view for that of the learned ARC’s and the scope of interference is
    extremely limited. The relevant portion of the said judgment reads as
    under: –

    “Scope of revision

    22. We are, in fact, more concerned with the scope and ambit
    of the proviso to Section 25-B(8). The proviso creates a
    distinct and unequivocal embargo by not providing an appeal
    against the order passed by the learned Rent Controller over
    an application filed under sub-section (5). The intendment of
    the legislature is very clear, which is to remove the appellate
    remedy and thereafter, a further second appeal. It is a clear
    omission that is done by the legislature consciously through a
    covenant removing the right of two stages of appeals.

    23. The proviso to Section 25-B(8) gives the High Court
    exclusive power of revision against an order of the learned
    Rent Controller, being in the nature of superintendence over
    an inferior court on the decision-making process, inclusive of
    procedural compliance. Thus, the High Court is not expected
    to substitute and supplant its views with that of the trial court
    by exercising the appellate jurisdiction. Its role is to satisfy
    itself on the process adopted. The scope of interference by the
    High Court is very restrictive and except in cases where there
    is an error apparent on the face of the record, which would
    only mean that in the absence of any adjudication per se, the

    25
    (2022) 6 SCC 30 : (2022) 3 SCC (Civ) 287 : 2022 SCC OnLine SC 419

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    High Court should not venture to disturb such a decision.

    There is no need for holding a roving inquiry in such matters
    which would otherwise amount to converting the power of
    superintendence into that of a regular first appeal, an act,
    totally forbidden by the legislature.”

    60. Thus, in view of the aforesaid, this Court is of the opinion that no
    interference with the findings returned by the learned ARC in the
    impugned judgment is warranted and the same is upheld.

    61. The Petitioners-Tenants are directed to vacate and hand over
    vacant, peaceful and physical possession of property bearing No. 9-A,
    First Floor, Inner Circle, Connaught Place, New Delhi-110001, to the
    Respondent-Landlord, forthwith, as the benefit of six months’ period as
    per Section 14(7) of the DRC Act has already lapsed.

    62. The present petition is dismissed and disposed of accordingly, in
    the aforesaid terms.

    63. Pending application(s), if any, also stands disposed of.

    64. Judgment be uploaded on the website of this Court, forthwith.

    AMIT SHARMA
    (JUDGE)
    JULY 06, 2026/sn/db

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