ABDUL REHMAN Vs. JEEVAN LAL

JUDGEMENT

(1.) IMPUGNED order is the order dated 19.02.2012; eviction petition filed by the landlord Jeewan Lal seeking eviction of his tenant from the tenanted premises (i.e. Shop No.2 in property bearing No.100, E- Block, South Anarkali, Delhi) (depicted in red colour in the site plan) had been decreed. Application seeking leave to defend filed by the tenant had been declined.

(2.) RECORD shows that the present eviction petition had been filed by landlord Jeewan Lal against his tenant Abdul Rehman. The premises as aforenoted have been let out to the tenant at monthly rental of Rs.534/- this was vide an oral agreement; contention of the petitioner/landlord is that he was the owner of the suit premises; he became the owner of the suit property after the death of Chand Rani which he had inherited from her. The petitioner is in urgent need of the premises as he wishes to start his own business having retired from Life Insurance Corporation of India in the year 2009 and he is unable to carry out any such business as he has no reasonably suitable premises to carry out this business. His son is also umemployed as he is running a STD/PCO from a shop measuring 5'x2' and is earning very miserable income; the need of the petitioner for the aforenoted premises is thus bonafide which is for the purpose of running a business. Eviction petition was accordingly filed.

(3.) UNLESS and until a triable issue arises leave to defend cannot be granted in a mechanical manner. This has been reiterated by the Courts time and again. In (1982) 3 SCC 270 Precision Steel & Engineering Works & another Vs. Prem Devi Niranjan Deva Tayal the Apex Court has held:-