HARISH LAMBA Vs. KASHMIRI LAL

JUDGEMENT

(1.) CM No. 7854/2015 (Exemption)

(2.) In the eviction petition, the Petitioner Harish Lamba stated that he was the owner of property bearing No. E-385 (DS), Ramesh Nagar, New Delhi- 110015 (in short 'the suit property') wherein one corner shop was let out to Kashmiri Lal. Harish Lamba was having one drawing room, one bed room, one kitchen, toilet and one study room on the ground floor of the property where he is residing with his wife and minor daughter aged 13 years who is a student of 8th standard. Further on the first floor of the premises his son Munish Lamba, his wife and their minor daughter are residing in two bed rooms, one store, toilet etc. There is one room on the top floor of the suit property which is in possession of the tenant. The wife of Harish Lamba was having one property E-338, First Floor, Ramesh Nagar, New Delhi and Harish Lamba has no concern whatsoever with the said property. Harish Lamba has got vacated two other shops in the same building from two tenants. By eviction of one shop by Munni Devi he has converted his kitchen by extending a small kothri and the shop got vacated from Ashok Puri has been converted into the study room for the minor daughter. Due to paucity of place his relatives etc. cannot visit him and thus he needs the tenanted premises, which is a shop on the ground floor.

(3.) In the leave to defend application it was pointed out that Kashmiri Lal, the Respondent was inducted as a tenant by late Shri Mulakh Raj Lamba and after his death his daughter in law Pushpa Lamba, that is, wife of Harish Lamba filed the eviction petition against Kashmiri Lal. Thereafter Munish Lamba sent a legal notice dated 29th June, 2005 claiming himself to be the owner of the property. Kashmiri Lal paid the enhanced rent to Munish Lamba but he failed to issue the rent receipts. Thereafter again notice was received whereby Harish Lamba asked Kashmiri Lal to tender rent to him. It is further submitted that the property is still in the name of Smt. Pushpa Lamba in the revenue records and Harish Lamba was not the owner of the suit property. In the leave to defend application, it was further stated that the Petitioner has also filed eviction petition against the three other tenants of the three shops out of which two shops are lying locked as they were vacated and in one shop the Petitioner and his son were running the shop of food for pets.