MANISH KUMAR Vs. CHAMAN LAL AND ORS.

JUDGEMENT

(1.) This is a revision petition filed against the order dated 10.7.2014 passed by the learned Additional Rent Controller in Eviction Petition No.44/12 titled Chaman Lal vs. Manish Kumar & Ors. whereby the leave to defend of the petitioner herein has been rejected and an order of eviction is passed.

(2.) Briefly stated the facts leading to filing of the present petition are that the respondent/landlord (Chaman Lal) filed an eviction petition against the petitioner, Manish Kumar, Ashish Kumar, Pankaj Kumar and one married daughter of late Hanuman Prasad alleging therein that the respondents are the tenants in respect of shop No.742, Khasra No.264/84/1, Jheel Khurenja, Delhi, more particularly shown in red in the site plan. It was stated that originally Hanuman Prasad, father of the petitioner, Manish Kumar and respondent Nos.2 to 4 were the tenants; however, on account of death of Hanuman Prasad, all the legal heirs, who are four in number, that is, the petitioner in the present petition and respondent Nos.2 to 4 inherited the tenancy.

(3.) It has been stated that the premises are required by respondent No.1/landlord for his bona fide use for commercial purpose. It is alleged by him that respondent No.1/landlord (Chaman Lal) is handicapped person having 51 per cent disability and the property in question originally belonged to Risalo Devi, mother of respondent No.1; however, after her death, the respondent/landlord inherited the premises. It has been alleged that Hanuman Prasad, the predecessor-in-interest of the petitioner and respondent Nos.2 to 4 had incurred expenses on the construction of the shop which was to the extent of Rs.3,500/- being 50 per cent of the construction cost which was to be adjusted for the period 14.5.1986 to 30.6.1991 @ Rs.80/- per month; however, from 1.7.1991, the tenant Hanuman Prasad was liable to pay the rent at the said rate. It has been alleged that after the death of Hanuman Prasad, Manish Kumar is using the shop for running a cattle feed godown in the premises in question while as Ashish and Pankaj Kumar, respondent Nos.2 and 3 respectively, were running big computer and electric shops in their house at Krishna Nagar while as respondent No.4 is the married daughter.