SARDAR SATWANT SINGH Vs. LAKH RAJ SEHGAL

JUDGEMENT

(1.) SINCE 23rd January, 2015 was declared holiday, the matter is taken up today.

(2.) AGGRIEVED by the order dated 1st February, 2012 passed by the learned ARC dismissing the application for leave to defend filed by the petitioner in an eviction petition filed by the respondents under Section 14(1)(e) of the DRC Act, the petitioner prefers the present petition.

(3.) IN the eviction petition, the respondents stated that the father of the respondents Shri Ram Lal Sehgal was the owner of property No. H -13, Bhagat Singh Road, Chander Nagar, Delhi (hereinafter referred to as the suit premises). He let out one shop measuring 15 feet x 7 feet 6 inches in the year 1965 to the petitioner at a monthly rent of Rs. 75/ - per month exclusive of electricity and water charges. After a few days he let out another shop measuring 15 feet x 7 feet 6 inches adjoining to the previous one to the petitioner wherein the petitioner is running a press in the name and style of M/s Satgur Press as its proprietor. There are total 4 shops in the suit property out of which two shops are in tenancy with the petitioner herein and two shops are in possession of respondents No.2&3. Both the shops in possession of respondents No.2&3 are also measuring 15 feet x 7 feet 6 inches each and are at both corners of the tenanted shop. In one shop the respondents No.2&3 are running the stationery shop in the name and style of Sehgal Printers and in the other sale of marriage cards in the name and style of Balaji Graphics. Shri Ram Lal Sehgal died on 25th September, 2002 and had executed a Will in favour of his three sons who are the respondents herein which was duly registered. Thus, the three respondents herein are the landlord and the owner of the entire suit property including the tenanted shop, and are jointly running old business from the other two shops in the suit premises which are at the two corners. The family of the respondents has grown up and they have sons and daughters who have attained majority. The respondent No.1 has one son. Since the respondent No.1 has been allotted a factory in Bawana Industrial Area by the Govt. of NCT of Delhi he would adjust his son in the said factory, however the respondent No.2 has one son namely Ankit Sehgal and respondent No.3 has two sons namely Neeraj Sehgal and Saurabh Sehgal all of whom are major and trained in computer and graphic work and designing and cannot be adjusted in the two existing shops of the size 15 feet x 7 feet 6 inches. They have no space to work and are unemployed and in case they have to arrange premises in nearby location, they will have to pay heavy monthly rent of Rs. 10,000/ - per month approximately besides security etc. The respondents have separated their business mutually. The respondent No.1 being proprietor of M/s Neetu Printers has got allotted a plot at Bawana Industrial Area. Respondent No.2 is running wedding card business in the name of M/s. Balaji Graphic and respondent No.3 is running stationery business in the name and style of M/s. Sehgal Printers.