BIPIN JAIN Vs. ABHEY KUMAR JAIN

JUDGEMENT

(1.) Aggrieved by the order dated 31st May, 2012 whereby the leave to defend application filed by the Petitioner in an eviction petition filed by Abhey Kumar Jain, father of the Respondent was dismissed, the Petitioner prefers the present petition.

(2.) In the eviction petition Abhey Kumar Jain stated that he was the owner/landlord in respect of godown on ground floor of property No.2019, Ward No.5, Haveli Khan Jama Khan, Kinari Bazar, Chandni Chowk, Delhi- 06 (in short 'the tenanted premises') which was let out to the Petitioner. The tenanted premises was required by Abhey Kumar Jain who was an old person and doing no job or employment to earn his livelihood. He further stated that he had no premises in his possession to establish the business and thus wanted to open his own shop from the tenanted premises along with three sons namely Rajiv Jain, Parag Jain and Sandeep Jain who were dependent on him.

(3.) In the leave to defend application the Petitioner took the plea that the three sons of Abhey Kumar Jain, namely Rajiv Jain, Parag Jain and Sandeep Jain were running their own business smoothly and earning handsomely. Rajiv Jain was plying his own taxi; Parag Jain was running a business of readymade garments at 40-F, Kamla Nagar, Delhi in the name and style of M/s Liver Pool and earning handsome amount while the third son Sandeep Jain was a share broker and having good name and fame in the field.