SRI KISHAN Vs. ROHITAS SAINI

JUDGEMENT

(1.) THE eviction petition filed by the landlord had been decreed; the application seeking leave to defend had been dismissed. THE premises are property bearing No.1531A, Tri Nagar, Tota Ram Bazar, Delhi. Premises had been rented out for a commercial purpose. Present petition had been filed by the landlord under Section 14(1)(e) of the Delhi Rent Control Act (hereinafter referred to as the "DRCA"). Contention was that the petitioner and his son are both unemployed and present accommodation at Tota Ram Bazar is required by the petitioner for carrying out a business for him and his son; both of whom are not employed. It has been averred that the petitioner is the landlord/owner of the premises. In the application for leave to defend there is no dispute about the ownership of the landlord. THE triable issue sought to be sought to be set up by the tenant is that the landlord has an adjoining shop from where he is already doing a business of bangles and artificial jewellery etc. THE photographs depicting the said shop as also other documentary evidence including visiting cards showing the name "Sandeep Bhai Choori Wala" had been relied upon to substantiate this submission.

(2.) THE landlord had denied these averments. It is not in dispute that this shop "Sandeep Bhai Choori Wala" is adjoining the shop of the tenant and which is in the occupation of the landlord; contention of the landlord is that this is only a passage which goes inside into the interior where the landlord is living with his family; no business is being run from the said shop; submission being that no other triable issue has arisen on this count.

(3.) THE impugned judgment is accordingly set aside. Leave to defend is granted to the tenant. Written statement be filed in four weeks with advance copy to the petitioner. Parties are directed to appear before the concerned ARC on 15.3.2012.