SANT LAL NAGAR Vs. JAI PRAKASH

JUDGEMENT

(1.) CAVEAT 263/2015

(2.) IN the eviction petition the respondent stated that he was the owner and landlord of property bearing No.118 -A Main Market, Badarpur, New Delhi (herein after referred to as suit property) wherein the petitioner was a tenant on the second floor at a monthly rent of Rs. 400/ - which was let out for residential purposes. The respondent is engaged in the business of readymade garments from the shop situated at ground floor and first floor of the suit property and as the accommodation is insufficient and he has no space for storing the clothes he requires tenanted premises to expand his business. The three sons of the petitioner are also working with him and thus he requires the tenanted premises bonafidely for starting the business of his sons who are dependent on him as the premises is more suitable since the respondent is already running his business from ground floor and first floor. The respondent has no other suitable accommodation for expansion of his business.

(3.) BY leave to defend application the petitioner contested the eviction petition, inter alia, on the grounds that the respondent had earlier filed an eviction petition in the year 2004 which was withdrawn without liberty to file a fresh petition. The respondent is the owner of H.No. 351 Badarpur which has sufficient commercial and residential accommodation available. Respondent is also the owner of H.No.216 -217 Main Mathura Road, Badarpur which is a three bedroom accommodation. Even the first floor of H.No.118 -A, Main Market, Badarpur was vacant.