PRIT PAL SINGH Vs. RAMESH KUMAR DORA

JUDGEMENT

(1.) The petitioner (respondent in the eviction petition) has filed the abovementioned revision petition under Section 25-B(8) of the Delhi Rent Control Act, 1958 assailing the order dated 3rd March, 2012 passed by the learned Addl. Rent Controller-01 (East), Karkardooma Courts, Delhi whereby the petitioner's application for leave to defend has been dismissed and the eviction order has been passed against the petitioner.

(2.) Admittedly, the respondent/landlord has filed the eviction petition against the petitioner/tenant in respect of the tenanted premises, i.e. Shop No.4 situated on the ground floor of the property bearing No.IX/1632, near New Post Office, Gandhi Nagar, Delhi-110031 as shown in red colour in the site plan filed along with the eviction petition. As per the respondent, he requires the suit premises for the use of his wife who is Insurance and Investment Advisor as well as a LIC Agent and she is also an Income Tax Assessee. She wants to expand her business and since she has no other suitable commercial accommodation with him for running the said office for his wife and she is fully dependent upon the respondent.

(3.) After service of notice in the eviction petition, the petitioner filed the application for leave to defend, inter-alia, on the grounds that it is the son of the respondent who is working in some insurance company and is doing the business in the name of his mother. However, the respondent and his wife are owners of another property bearing No.F-14/19, Krishna Nagar, Delhi and have been doing business for the last more than 12 years from the said premises and they are already in possession of nine rooms in the said property, out of which one room is being used as office and three rooms are lying locked. Therefore, the accommodation in possession of the respondent and his wife is more than sufficient. The wife has a lien over all the properties of the respondent who is in possession of three rooms, one hall, toilet, kitchen on the ground floor of the property No.IX/1632, Gandhi Nagar, Delhi apart from Shop No.5 which is also lying vacant and is in possession of the respondent. The other portions of the said premises in possession of the respondent are lying locked and vacant.