PAWAN KUMAR SETHI Vs. ANIL KUMAR SINGHAL

JUDGEMENT

(1.) This hearing has been held by video conferencing.

(2.) This petition has been filed by the petitioners challenging the order dated 26.02.2020 passed by the learned Rent Controller (Central), Tis Hazari Courts, Delhi, in Eviction Petition E.No.78832/2016 by which the application seeking Leave to defend filed by the petitioners has been rejected and the petitioners have been directed to vacate the tenanted shop, that is, Shop on the Ground Floor of Premises bearing No.D-28, Kamla Nagar, Delhi.

(3.) The learned counsel for the petitioners assails the Impugned Order by contending that at the stage of considering grant of leave to defend, the learned Rent Controller was to only consider the probable defence of the petitioner. In the present case, the respondents have pleaded their bona fide necessity for the shop in the following manner: "ix) That the family of the petitioner No.1 consists or himself, his wife. Smt Suman Singhal, two children i.e. one son namely, Shri Anish Singhal, one daughter, Smt. Shikha Kasera. It is submitted that Shri Anish Singhal has his wife and one son, Master Kanav Singhal. Aged, 5 years, studying in 1st standard at Bal Bharti Public School Pusa Road, New Delhi. It is submitted that petitioner No.1 is doing the business of jewelleries on the ground floor of the property in question under the name and style of M/s Dwarka Sons. It is submitted that Shri Anish Singhal is assisting to the petitioner No. 1 in the said business and now, he wants to stand on his own legs and wants to do his own business from the premises in question. x) That the family of petitioner No.2 consists of himself, his wife, Smt.Neeta Singhal and two children namely Smt. Ritika Gupta, married daughter, and Shri Suraj Singhal, aged 22 years, of marriageable age. It is submitted that the petitioner No.2 is doing business of jewellaries under the name & style of M/s Dwarka Sons from the ground floor of the premises in question. It is submitted that Shri Suraj Singhal is assisting to his father in the said business. It is submitted that Shri Suraj Singhal wants to stand on his own legs and wants to do business of readymade garments because Kamla Nagar is a big market for selling of readymade garments."