FEROZE ENTERPRISES Vs. MOHD. IQBAL

JUDGEMENT

(1.) THE abovementioned two petitions are filed by the petitioners under section 25B (8) of the Delhi Rent Control Act against the eviction orders dated 12th September, 2012 passed by the learned Addl. Rent Controller (Central), Delhi, dismissing the leave to defend applications of the petitioners. As the facts in both the matters are common, both the petitions are decided by the common order.

(2.) THE respondents filed eviction petitions against the petitioners on the ground of bonafide personal requirement in respect of one shop bearing Private No.C as shown in the site plan on the ground floor property No.225, Gali Garhiya, Bazar Matia Mahal, Jama Masjid, Delhi-110006. Another eviction petition was filed against only petitioner No.2 in respect of the adjacent shop bearing private No.B. It is stated that allegations of the respondents as well as the defence of the petitioners in both the eviction petitions are the same.

(3.) THE petitioners in their leave to defend applications not only disputed the title of the respondents but also stated the respondents were total strangers to the tenanted premises since the petitioners had been paying rent to one Ms. Fatima Begum, who had been issuing them rent receipts. It was stated that the respondents are in occupation of various other premises (including a factory, shops, a workshop) besides the tenanted premises. It was stated that the property bearing No.225, Gali Garhiya, Bazar Matia Mahal, Jama Masjid, Delhi-110006 is a 3 storeyed building. On the ground floor, there is one shop with a basement under the occupation of the respondents and other shops were under tenanted. On the first floor, out of six rooms which are under the occupation of the respondent No.1, two were being used for commercial purposes and four for residential purposes. Similarly, on the second floor which was under the occupation of respondent No.2, four rooms were put to commercial use while two were used for residential purposes.