SATISH KUMAR Vs. KANWAR RAJ SINGH

JUDGEMENT

(1.) This petition challenges the order dated 18.09.2015 passed by the learned Additional Rent Controller-02, Central District, Tis Hazari Courts, Delhi (hereinafter referred as the learned „Trial Court?) in Eviction Petition No.1107/2014 under Section 14 (1) (e) and 25(B) of the Delhi Rent Control Act, 1958 (hereafter referred as the 'DRC Act') whereby an application for leave to defend was dismissed and an eviction order was passed in favour of the respondent.

(2.) The respondent has filed an eviction petition in respect of a shop situated at ground floor in house No.5580, Shardhanand Marg, (earlier known as Garstin Bastion Road), Lahori Gate, Delhi - 110006 (hereafter 'tenanted shop'). The rent of said shop is Rs.300/- per month beside other utility charges. The petitioners are carrying on the business of rice trading. The shop premises was originally let out to one Raghunath Dass Goel, father of the petitioners herein for commercial purposes and after his demise, the petitioners became the tenant in this shop.

(3.) It is the case of the respondent he had purchased property No.5580 (supra) from Prem Shanker Aggarwal, on his behalf as well as on behalf of his father Shri Banarsi Dass vide a sale deed dated 14.10.2009 which clearly mentions one shop at Ground Floor bearing No.5580 along with latrine, total area admeasuring 29.75 square meter, without roof /terrace right, adjacent to property No.5579 with a common staircase on Southern side. This property initially belong to Mst.Suraiya Begum, the erstwhile owner/landlord with two adjacent properties Nos.5579 and 5581 (supra). She had sold the entire property No.5580 through a registered sale deed, including the tenanted shop to one Mr.Banarsi Dass and Mr.Prem Shanker Aggarwal. Then, Mr.Prem Shanker Aggarwal sold this property, including the tenanted shop to the respondent herein vide registered sale deed dated 14.10.2009 registered on 15.10.2009. Accordingly, the petitioners became the tenants of the respondent by operation of law.