BALWANT SINGH Vs. SANJAY MALHOTRA

JUDGEMENT

(1.) AGGRIEVED by the order dated 20th August, 2014 whereby the application of the petitioner seeking leave to defend was dismissed the petitioner prefers the present petition.

(2.) PROPERTY bearing No. HS -23, Kailash Colony Market, New Delhi was owned by Baldev Raj Malhotra on whose demise the same devolved on his legal heirs. Respondent No.1 is the son of late Baldev Raj Malhotra and respondent No.2 to 6 are the legal heirs of late Rajesh Malhotra, another son of late Baldev Raj Malhotra being the wife and four children. In the eviction petition the respondents pleaded that Baldev Raj Malhotra and his wife Saroj Malhotra died leaving behind two sons and four daughters. The four daughters relinquished their shares in the said property in favour of Rajesh Malhotra and Sanjay Malhotra who agreed to share the property in the ratio of 45% and 55% after reconstruction. However, the reconstruction could not be done for various reasons. In the meantime Rajesh Malhotra died intestate on 16th November, 2013 leaving behind respondent No.2 his widow, respondent No.3 to 5 his daughters and respondent No.6 his son who are all unmarried. Thereafter the parties mutually decided to own the property in equal shares i.e. 50% to Sanjay Malhotra and 50% to respondents No.2 to 6 jointly.

(3.) IN the eviction petition it was stated that Rajesh Malhotra and Sanjay Malhotra were carrying on the business of jewellery from a small tenanted shop at Dariba Kalan, Chandni Chowk for which an eviction petition No. 88/2009 was filed by the landlord and was pending in Tis Hazari Courts. The place being congested and respondents No.2 to 6 having no experience in the said business cannot carry on their business in the said premises. The respondents No.2 to 6 have no other source of income. Respondent No.3 aged 30 years has completed the course of Choreography and is running a boutique from the residence as no commercial space is available. Respondent No.4 who is 28 years old has done diploma in hospitality management especially in Patisserie and also has no commercial space to carry on the business. Similarly respondent No.5 aged 24 years has done diploma in hotel management and is also unable to do her own business and is presently working as a sales -girl in Khan Market. The wife of respondent No.1 Shivani Malhotra is a law graduate and a practicing lawyer who also needs a regular office in a commercial place. In view thereof besides the petitioner's shop the respondents also filed eviction petition against two other shop owners in the said premises wherein also orders were passed in favour of the respondents. It is stated that the first floor of the premises consisting of three rooms including drawing and dining room with a store room was in possession of respondents No.2 to 6 who were using the same for residential purposes. The second floor consisting of same number of rooms is being used by respondent No.1's family for residential purposes. The respondent No.1's family consists of himself, his wife and two daughters aged 15 and 13 years who are also school going. Both the daughters of respondent No.1 are residing at the second floor as well as ground floor. In the ground floor besides these three shops there are two rooms on the back side, two toilets and motor room with front yard which is being used for parking right from the very beginning. In terms of the compromise the family of respondent No.2 to 6 is residing on the first floor and is also occupying one room on the ground floor and two rooms on the mezzanine floor. It is further stated that the respondent No.1 has another residential premises measuring 923 sq. ft. first floor, F -38, South Extension which cannot be used for commercial purpose and respondent No.2 to 6 have no legal right qua the said property. It is thus urged that in view of the bonafide requirement of earning a regular livelihood by the respondents the premises be directed to be vacated.