VIJAY KUMAR JEWELERS Vs. SUNITA SONI

JUDGEMENT

(1.) THE present petition has been filed under Sec. 25B(8) of the Delhi Rent Control Act, 1958, against the Order passed by the Court of Senior Civil Judge cum Rent Controller (Central) Delhi, in Eviction Petition No. 26/2011 dated 25.04.2012, allowing the respondents' application seeking leave to defend.

(2.) THE brief facts leading to the present petition are as follows. The petitioner no. 1, M/s. Vijay Kumar Jewelers, a partnership firm duly registered with the Registrar of Firms, purchased the premises bearing municipal No. 2814 to 2818, constructed on the Plot No. 97 in Block-P, Gali no. 19, Beadonura, Ajmal Khan Road, Karol Bagh, New Delhi. The petitioner no. 1 is carrying business and is in occupation of the first floor and remaining portion on the ground floor of premises no. 2818. Shop nos. 2816 and ground floor of 2818 of the abovementioned premises were let out to Sh. Roshan Lal, by Sh. Kanhiya Lal Sharma, who was the previous owner of the suit shops. The tenancy was renewed by virtue of an agreement of lease dated 23.04.1982. After the demise of Sh. Roshan Lal, by Law of Survivorship, Sh. Ashok Kumar, the predecessor of the respondents, became the sole tenant in respect of the tenanted premises.

(3.) IN the leave to defend application supported by the affidavits, the respondents contended that they were regularly paying the rent, but since the petitioners were claiming rent at Rs. 5,000.00 per day which was refused by them, the eviction petition was filed to coerce them. The respondents in their application also contended that the petitioners were already in possession of sufficient accommodation to carry out the business on the ground as well as the first floor of the suit premises. It was also contended by them that the petitioners had recently disposed off one shop in Bank Street for a huge consideration. It was also contended that the petitioners had in their possession, one more shop which was lying vacant to the right of their business premises.