RAVI KUMAR Vs. BRIJ BEHARI HANDA

JUDGEMENT

(1.) CM 15346/2014 By this application the respondent prays for directions to pay interim user charges. Since this Court is disposing of the revision petition the application is disposed off as infructuous. RC.REV. 464/2012 & CM 16028/2012 (stay) The respondent Brij Bihari Handa filed an eviction petition under Section 14(1)(e) for eviction of the respondent Ravi Kumar from the tenanted premises which is a shop in premises No. F -7/8, Model Town -II, Delhi owned by Brij Bihari Handa.

(2.) IN the eviction petition Brij Bihari claimed that the property was built by his father and after the death of his father the same has devolved on him. Ravi Kumar was doing the business of catering in the name and style of 'Pappu Catering' in the tenanted premises. Brij Bihari was a medical distributor doing business under the name of 'Jai Pharma' residing at 38/6, Shakti Nagar. At the time of filing of the eviction petition Brij Bihari was 56 years old and orthopedically disabled person. Due to the growing age the disability was increasing and thus he wanted to open a shop and the tenanted premises was required for his bonafide requirement.

(3.) AFTER leave to defend was granted, Ravi Kumar filed the written statement reiterating the pleas taken in the leave to defend application that Brij Bihari was not the owner of the tenanted premises. Brij Bihari was not doing any business and that he has wrongly claimed himself to be a medical distributor working in the name and style of 'M/s. Jai Pharma'. Brij Bihari was only dependent upon rental income received from the tenants for his livelihood and was staying alone. The tenanted premises was earlier with Jugal Kishore Dhawan with whom Ravi Kumar entered into a deal and paid a sum of Rs. 2 lakhs and became the tenant of the premises. Ravi Kumar was informed that half the money had been paid to Brij Bihari. It is further stated that besides the tenanted premises there is another shop in the suit property wherein Om Prakash was carrying on the business in the name of 'Sonu Dupatta'. The said shop was let out three years ago. Further Brij Bihari had another portion in the nature of a shop which he termed as a godown which was let out to M/s. Gambhir Pustak Bhandar.