SUBHASH JAIN Vs. RAVI SEHGAL

JUDGEMENT

(1.) The petitioner by way of the present petition under Section 25B(8) of Delhi Rent Control Act, 1958 (hereinafter referred to as "the DRC Act") has assailed the eviction order dated 7th August 2013 passed by Additional Rent Controller-1, Central, Delhi.

(2.) Brief facts of the case are that the respondent filed an eviction petition against the petitioner in respect of a shop bearing No.1, Ground Floor, 51/02, New Market, New Rohtak Road, Karol Bagh, New Delhi (hereinafter referred to as the "tenanted shop") wherein the respondent was a co-owner of the portion of the said property. It was the case of the respondent that he had been running his business from a rented shop bearing No.3613, Idgah Road, Singara Chowk, Delhi-110006 with his son. However due to old age, the respondent is unable to go to his business place and wanted to settle his business near his residence which was situated on the first floor of the tenanted shop. Hence the eviction petition was filed in respect of the tenanted shop stating that the respondent bonafidely requires the same for running his business. It was stated that the respondent had inherited the said property alongwith other legal heirs of his father Late Sh. Madan Lal Sehgal.

(3.) In the leave to defend application, the petitioner contested the maintainability of the petition filed by the respondent. It was contended that the respondent had not placed any document on record to show his claim qua the ownership of the tenanted shop. The sale deed qua the tenanted shop was disputed. It was averred that the respondent was already running his business from shop No.3613 Idgah Road, Singara Chowk, Delhi-1100 06 alongwith his shop and that the said shop was owned by the respondent. It was averred that the respondent had let out and sold various other properties and therefore the tenanted shop was not required bonafidely.