NARESH KUMAR SHARMA Vs. BENGALI

JUDGEMENT

(1.) THE impugned order is dated 15.02.2012 whereby the eviction petition filed by the landlord Bengali seeking eviction of his tenant Naresh Kumar Sharma from the disputed premises i.e. a shed bearing No. B-16, DSIDC, Kalyan Puri, Delhi on the ground of bonafide requirement had been decreed; the application filed by the tenant seeking leave to defend had been declined.

(2.) RECORD shows that the petitioner was the allottee of the aforenoted shed; on 22.08.2005, the same had been tenanted out to the tenant at a monthly rent of Rs.1,200/-; the plaintiff has six children of whom his elder son Govind is handicapped as he had suffered an accident and his right leg has been crushed; because of this physical disability his son Govind cannot do a sitting business which requires a greater physical labour. Document showing the medical condition of his son has been placed on record. The second child of the petitioner namely Geeta was married to Mahesh who had died in an accident; Geeta along with her four children is living with the petitioner which causes a financial burden upon the petitioner; Geeta is also handicapped and is unable to earn or fend for herself; her disability certificate has also been placed on record. None of the aforenoted documents have been disputed. Learned counsel for the petitioner has sought vacation of these premises on the ground of bonafide requirement for the use of his son and daughter as also for himself as he being a senior citizen aged 62 years and presently earning his livelihood by selling vegetables on the road; he wants to run his livelihood from this shop; in fact this shop is required for himself as also for all the aforenoted family members who because of their handicap cannot earn their livelihood. Eviction petition was accordingly filed.

(3.) IT is also a settled position at law that leave to defend cannot be granted in a routine or a mechanical manner. If this was permitted the whole intent and purpose of the provisions of Section 25-B of the Delhi Rent Control Act which contains a summary procedure would be given a go-by and this was not the intent of the legislature.