GIRI RAJ Vs. SHEELA DEVI

JUDGEMENT

(1.) THE petitioner by way of the present petition under Section 25 -B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as ''the Act '') has assailed the eviction order dated 7th April 2012 passed by the learned Additional Rent Controller, 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.1319, Mohalal Sang Trashan, Bagichi Ram Chand, Pahar Ganj, New Delhi (hereinafter referred to as the ''tenanted shop ''). It was the case of the respondent that the tenanted shop was let out to one Sh.Ram Chander son of Sh.Koki Mal who died and his one legal representative only, i.e. the petitioner herein is doing business activities from the tenanted shop. The respondent being the co -owner of the tenanted shop filed the eviction petition, stating that the same was bonafidely required by the respondent for her son, Yogesh Kumar Mittal, who is dependent upon her for his business purpose of Tour and Travels and that they had no other reasonable suitable accommodation for the said business purpose.

(3.) IN the leave to defend application filed by the petitioner, the ownership of the respondent was disputed. It was stated that the petitioner has been holding the tenanted shop in adverse possession. The fact of Yogesh Kumar Mittal being the son of the respondent and/or dependent upon the respondent was also disputed. It was stated that even otherwise, he was already running his tour and travels business under the name and style of Mittal Tour & Travel at 8563, Ara Kashan Road, Pahar Ganj, New Delhi -110055 which was allegedly concealed by the respondent.