ASHOK KUMAR Vs. SHASHI SHARMA

JUDGEMENT

(1.) By way of filing the present petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 (in short, called the "DRC Act"), the petitioner assails the order dated 22nd January, 2013 passed by the learned Addl. Rent Controller (South), Saket Courts, New Delhi, whereby the application filed by the petitioner for leave to defend was dismissed.

(2.) Brief facts stated in the eviction petition as per the respondent are :

(3.) The main grounds raised by the petitioner in the present petition are that the tenanted premises is a shop which is commercial in nature. There are other five shops on the ground floor which were let out for commercial purposes. Since there is no water connection in the said shop, thus the ground floor of the property in question cannot be used for residential purposes. Earlier, the mother of the respondent, late Smt. Tara Devi Mehta was using the first and second floor of the suit property for residential purpose and even the portion in her occupation on the ground floor was used as a Godown. Late Smt. Tara Devi also got evicted earlier tenants from two rooms on the ground floor but did not use the same and used it for commercial purpose and even that portion was also sealed by MCD and no steps were taken either by the respondent or late Smt.Tara Devi to get the same de-sealed. On the other hand, it is the petitioner who has taken steps with MCD to get the same de-sealed and also deposited the conversion charges in 2007. However, the MCD refused to deseal the same.