MAHESH GUPTA Vs. JAGDISH LAL MALIK

JUDGEMENT

(1.) The present revision petition filed under Sec. 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the 'DRC Act') assails the Eviction Order/Judgment dtd. 10/1/2018, passed by Ld. SCJ-cum-RC, West District, Tis Hazari Courts, Delhi (hereinafter referred to as 'Rent Controller'), whereby the Rent Controller dismissed the application seeking leave to defend, filed on behalf of the petitioner and consequently allowed the eviction petition No.26284/2016, filed by the respondent no.1.

(2.) The eviction petition was filed qua one shop at ground floor under the name and style of Mahesh General Store bearing No. J-101, Milap Market, Beriwala Bagh, Hari Nagar, New Delhi-110064 (hereinafter referred to as the 'tenanted premises').

(3.) It was asserted in the eviction petition that the tenanted premises was let out by the previous landlord/father of the respondent no.1, late Sh. Jagdish Lal Malik in the year 1977 to Sh. Virender Kumar Gupta (the respondent no.2 herein), who was running a tea stall at a monthly rent of Rs.100.00, excluding electricity, water and other charges. Thereafter, the petitioner is stated to have joined the respondent no.2 in the tenanted premises, pursuant to which the petitioner and the respondent no.2 have been running a general/kiryana store under the name and style of Mahesh General Store.