VIJAY DUTT SHARMA Vs. PRAHLAD RAI JALTHURIA

JUDGEMENT

(1.) The present petition has been filed by the petitioner under Section 25 B (8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as "the Act?) impugning the eviction order dated 5th December, 2012 whereby the leave to defend application of the petitioner was dismissed in an eviction petition filed by the respondents in respect of the suit property i.e. one shop forming the part of property No.75/5578-79, Regharpura, Karol Bagh, New Delhi.

(2.) The three respondents filed the petition under Section 14(1)(e) read with Section 25B of Delhi Rent Control Act on the ground of bona fide requirement.

(3.) The brief facts as stated in the petition are that the respondents are the owners as well as the landlords of the premises bearing No.75/5578-79, Regharpura, Karol Bagh, New Delhi and the petitioners are tenant in respect of one shop forming part of property No.75/5578-79, Regharpura, Karol Bagh, New Delhi. It is further stated that the suit premises was originally let out to late Sh.Shiv Charan Sharma by virtue of agreement dated 19th March, 1962. It is further stated that the respondents are residing in the property No.75/5580 and first floor of property bearing No.75/5578-79, Regharpura, Karol Bagh, New Delhi. The ground floor of the property bearing No.75/5578-79, Regharpura, Karol Bagh, New Delhi consists of two rooms. One room is in possession of respondent No.1 which was let out to his father late Sh.Shiv Charan Sharma. The other room is under the tenancy of Sh.Ashok Kumar and Sh.Om Prakash. The respondents have one room with attached toilet-cum-bathroom on the first floor of property No.75/5578-79, Regharpura, Karol Bagh, New Delhi. The No.75/5580 consists of ground floor and first floor only. On the ground floor, the respondents are having two rooms and a toilet. One room is being used as kitchen during the day time and at night it is used for sleeping by the children of the respondents. On the first floor there are two rooms only. It is further stated that the family of respondent No.1 consists of his wife, two married sons and their wives and children. One son of respondent No.1 is residing in property No.75/5576, Regharpura, Karol Bagh, New Delhi due to paucity of space available with the respondent No.1. The family of respondent No.2 consists of his wife, three children of the age group of 24 to 19 years and they have only one room on the first floor of property No.75/5580. The family of respondent No.3 consists of his wife, two sons of the age of 21 and 17 years and they have only one room on the first floor of property No.75/5580. All the women members of the family of respondents use only one bath room available in property No.75/5578-79, Regharpura, Karol Bagh, New Delhi. It is further stated that the respondent are not having any other accommodation in Delhi except the property in question. The accommodation available to the respondents is neither suitable nor sufficient for them as well as for their family members. It is further stated that the petitioner No.1 has unauthorizedly and illegally encroached an area of 6 ft in front of the shop by raising a tin shed and counter on the payment in front of the shop thereby obstructing the way of the pedestrians.