LAWS(DLH)-2015-2-94

HARISH CHAND Vs. MUKESH KUMAR AND ORS.

Decided On February 05, 2015
HARISH CHAND Appellant
V/S
Mukesh Kumar And Ors. Respondents

JUDGEMENT

(1.) THE petitioner is aggrieved by the impugned order dated 28th October, 2013 whereby his leave to defend application in an eviction petition filed by the respondent no. 1 was dismissed and vide order dated 21st November, 2014, the review petition was also dismissed.

(2.) THE respondent no. 1 had sought eviction of the tenanted premises comprising of one shop on the ground floor of the suit premises bearing no. 2650, New No. 496 -A/6 -D, Gali No. 1 and 2, Mahabir Block, Main Pandav Road, Bhola Nath Nagar, Shahdara, Delhi -110032 which was in occupation of the petitioner.

(3.) IN the leave to defend application filed by the petitioner, he contested the respondent no. 1 being the original owner of the tenanted premises; that the tenanted shop was measuring only about 8 square yard and was not suitable for running a cloth merchandise shop; that the son of the respondent no. 1 had no experience to run a business as he was a student and no document had been furnished in this regard and finally that other shops in the same premises which were under the possession of the respondent no. 1 and his two brothers were currently lying locked and vacant. No document was filed by the petitioner along with leave to defend application. However, subsequently with the review petition, he placed on record certain photographs.