KAMLESH CHAND Vs. RAJINDER SINGH AHLAWAT

JUDGEMENT

(1.) AN eviction petition was filed by the respondent Rajinder Singh Ahlawat under Section 14(1)(e) of the Delhi Rent Control Act (in short the DRC Act) against Mahesh Chand and Kamlesh Chand. On service of summons Kamlesh Chand filed a leave to defend application and no leave to defend application was filed by Mahesh Chand.

(2.) IN the eviction petition Rajinder Singh stated that he was the owner of shop No. 4446 Main Road, Pahari Dhiraj which was on tenancy with Mahesh Chand and Kamlesh Chand, both sons of Lala Makhan Lal. Besides Rajinder Singh was also the owner of property No. 4447 and 4448 Main Road, Pahari Dhiraj. Property No. 4447 was in occupation of another tenant and property No. 4448 which was above properties No. 4446 and 4447 was used by Rajinder Singh as residence. On the ground that elder son of Rajinder Singh was presently jobless and intends to start business, eviction of the tenanted premises was sought.

(3.) IN the leave to defend application filed by Kamlesh Chand he stated that the eviction petition was bad for non -impleadment of all the LRs of late Shri Har Narain who was the original owner of the property, however he did not deny that the rent of the tenanted premises was being paid to Rajinder Singh though it was stated that the rent was being collected as a rent collector and not as a landlord. Kamlesh Chand further pointed out that Rajinder Singh also owns property bearing No. 4441 Pahari Dhiraj which consists of four shops and thus there was no bonafide need of Rajinder Singh for the tenanted premises. It was further stated that Rajinder Singh wants to capitalize the goodwill made by Kamlesh Chand in the business of readymade garments as he intends to start the same business from the tenanted premises.