BABITA JAIN Vs. KAVINDER SINGH

JUDGEMENT

(1.) The present revision petition has been filed by the Petitioners, tenants assailing the eviction order dtd. 7/6/2019 ('impugned eviction order') passed by the Senior Civil Judge-cum-Rent Controller, North West District, Rohini Court, Delhi ('Trial Court') in RC ARC No. 5589/16 whereby the Petitioners' application seeking leave to^defend was dismissed and the impugned eviction order was passed in favour of the Respondent, landlord with respect to shop no.3 (9'11''x 8' 5'') at ground floor of H. No. 2552, Onkar Nagar A, Tri Nagar, Delhi-35, measuring 83.4 sq. ft. ('the tenanted premises'). Brief facts

(2.) Admittedly, the Respondent along with his brothers is the exclusive owner of H. No. 2552, Onkar Nagar A, Tri Nagar, Delhi-35 ('the subject property'), measuring 54 sq. yds, consisting of ground floor, where shop nos. 1, 2, 3 and 4 are located, first floor, second floor, third floor and fourth floor. The Respondent along with his brothers and the family resides on the upper floors in the subject property. It is stated that in a mutual partition settlement of the family, the entire ground floor consisting of the four shops has fallen to the exclusive share of the Respondent herein.

(3.) The Respondent, landlord, after his retirement from his employment started his business in shop no.4, located in the subject property. The said shop admittedly measures 8.5 sq. ft. and was not sufficient for carrying on his business and therefore he filed the eviction petition for recovery of the tenanted premises (shop no.3), which abuts his shop no.4.