(1.) THE impugned judgment dated 12.08.2011 had dismissed the application seeking leave to defend filed by the tenant in eviction proceedings under Section 14 (1)(e) of the Delhi Rent Control Act (DRCA) filed by the landlord Ram Prasad Sharma seeking eviction of his tenant M/s Bhagwan Sahai & Company. Eviction petition accordingly stood decreed.
(2.) THE disputed premises comprise of a godown forming part of property bearing No. 1013-14, Kucha Sarif Beg, Bazar Sita Ram, Delhi. THE averments in the eviction petition disclose that the aforenoted godown had been rented out to the tenant at a monthly rent of Rs. 293/- excluding other charges; the tenant was an old tenant; contention of the petitioner is that he is carrying out a general merchandise shop in Bazar Sita Ram which is opposite to the disputed premises; his shop is very small having no storage space available to him to store his merchandise; he accordingly requires the aforenoted premises for storage purpose; further contention is that the petitioners who comprise of a family of two sons, their wives, five grand children besides the two petitioners themselves are living in a very small accommodation i.e. two rooms and a verandah and a store on the first floor, one room and a small room on the second floor which has a latrine; their residential accommodation is also insufficient for their needs. Eviction petition had accordingly been filed.
(3.) SUBMISSION being that the impugned judgment decreeing the eviction petition suffers from an infirmity. The averments made in the application seeking leave to defend have been perused. They are by and large bordered on these submissions; the ground of ownership as noted supra has not been disputed. The contention before this Court is that the merchandise shop which is being run by the landlord has not described as to what is the general merchandise he is selling and how many pans, biddies and gutka are required to be stored in the disputed premises; no details have been given; it is clear that the eviction petition suffers from vagueness; pleas of the landlord have not been established.