MST. SHAHEEN & ORS Vs. FATIMA BEGUM

JUDGEMENT

(1.) The present revision petition has been filed by the petitioners under Sec. 25-B(8) of the Delhi Rent Control Act against the order dated 30th July, 2010 passed by Sh. Ajay Goyal, ARC, Tis Hazari Courts, Delhi, in Case No. E-184/08, titled as 'Fatima Begum Vs. Mst. Shaheen', by which the trial Court dismissed the application for leave to appear and contest the petition, with directions to handover the vacant possession of the shop in question to the respondent.

(2.) The respondent-landlord filed an eviction petition under Sec. 14(1)(e) read with Sec. 25-B of the Delhi Rent Control Act, inter-alia, alleging that she is the owner of the Shop No. 3174, Phatak Teliyan, Turkman Gate, Delhi (hereinafter referred to as the "suit premise") having purchased the same from its previous owner. She or any of her family members has no business/non-residential accommodation in Delhi apart from 3169, Turkman Gate and her husband is doing the motor kabari work at the said property. She and her husband wants to increase the business so, they require the suit premises. It was also stated in the eviction petition that the respondent (petitioner therein) has four sons, namely, Raisuddin, Jalauddin, Sijauddin and Rehasuddin. The younger sons of the respondent are not doing any work/business as they have no place to work or do the business. The suit premise is also required by the sons of the respondent for doing their work/business.

(3.) Upon service, the petitioners (respondents in the eviction petition) filed an application for leave to defend, inter-alia, disputing the relationship of landlord and tenant between the parties. It was submitted by the petitioners that the respondent-landlord has the sufficient accommodation with her. It is stated that Jalauddin son of the respondent has been residing in property No. 833, Rang Mahal, Chandni Mahal, Delhi and is running his shop in property Nos.2180 and 2181, Rang Mahal, Chandni Mahal, Delhi. Another son of the respondent, namely, Raisuddin is residing in property No. 3133, Phatak Telian and running his business on the ground floor in the same property. The other two sons, namely, Sijauddin and Rehasuddin are running a shop in Meena Bazar, bearing No. 136, Jama Masjid, Delhi. Sijauddin has been residing at property No. L-4, DDA Flats, Turkman Gate, Delhi and is also running a shop in the same flat. He is also having another house bearing No. 3174, Phatak Telian, Turkman Gate, Delhi.