KALI CHARAN & SONS (JEWELLERS) Vs. RAKESH JINDAL

JUDGEMENT

(1.) This petition is filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugning the judgment of the Additional Rent Controller dated 24.8.2013 by which the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner/tenant and has decreed the eviction petition with respect to the tenanted premises comprising of ground floor shop with mezzanine floor in the property bearing no. 1898-1901A, Chandni Chowk, Delhi-6.

(2.) The case of the respondent was that the petitioner was inducted as a tenant in the suit property which was purchased by the father of the respondent vide sale deed dated 6.7.1963. The father, before he expired on 7.10.2008 executed his Will dated 28.1.2008 whereby he bequeathed his 50% undivided share in the suit property in equal proportions to his two sons i.e the respondent herein and other son Mr. Ajay Gupta. It was pleaded that the respondent/landlord was carrying on his business of decorative items, artificial jewellery items and packaging materials etc used in marriages and religious functions from a rented shop at 2181, Kinari Bazar, Delhi-6 and which premises were a small premises of only 7'X 18' besides the fact that there was no need for the respondent/landlord to carry on business from a tenanted premises once he owned the suit premises.

(3.) Petitioner filed the leave to defend application and raised various grounds which are stated in para 5 of the impugned order but before this Court only the following arguments are urged for setting aside of the impugned order:-