RAMESH CHANDER AGARWAL Vs. JAGAN NATH

JUDGEMENT

(1.) BOTH these petitions are being disposed by this common order as the common questions of fact and law are involved. The petitions are directed against the orders dated 17.8.2011 of Addl. Rent Controller (ARC), whereby the leave to defend applications filed by the respondents in the eviction petitions filed, against them by the petitioners, were allowed.

(2.) THE respondents in R.C. Rev.1/2012 are the tenants in respect of shop No. 4089, whereas the respondents in R.C. Rev. 2/2012 are the tenants in respect of shop No. 4090-A, Nai Sarak, Delhi. THEir eviction was sought by the petitioners from the tenanted shops on the ground of bona fide requirement thereof by the petitioner No.1 for expansion of his business of sale of books and also for the establishment of the businesses by his two sons Pradeep and Praveen. THE petitioners' case in short was that they are running the business of sale of books in a shop shown as mark 'X' in the site plan and this shop is too small and narrow to accommodate him as also his two sons and staff of five persons. It was further their case that there is no space in their shop for the proper display of books counter as also for the customers. THE petitioners have been desiring for expansion of their business, which could not be done due to paucity of accommodation. It was also averred that the space available with the petitioner on the upper floor of the suit premises is not suitable and accessible and his sons tried to start their business there, but could not succeed and suffered losses. It was averred that petitioner No.1 is aged about 70 years and is unable to climb the stairs, having suffered injuries on his bone and legs in a tragedy in 2006.

(3.) THE sum and substance on which the eviction of the respondents was sought is that the present accommodation with the petitioners in the shop mark 'X' is not sufficient and suitable for the expansion of their business of sale of books and that the petitioner No.1 who is aged about 70 and is suffering from old age ailments and injuries, is unable to climb the stairs, and further that the tenanted shops which are adjoining the shop of the petitioners, are required for setting up of businesses by the sons of the petitioners.