K V R MURTHY Vs. DHARAMWATI DEVI

JUDGEMENT

(1.) CM No.6729/2015 (Exemption) Allowed, subject to all just exceptions. RC.REV.171/2015 and CM 6728/2015 (stay) Aggrieved by the order dated 22nd November, 2014 whereby leave to defend was declined to the petitioner K.V.R. Murthy who was a tenant of Smt. Dharamwati Devi, landlord in an eviction petition under Section 14(1)(e) DRC Act, the petitioner prefers the present petition.

(2.) IN the eviction petition Smt. Dharamwati Devi stated that she was landlord and owner of the tenanted premises which was a shop in the suit property No.D -14, Mohan Singh Market, Sector -6, R.K. Puram, New Delhi. The shop was initially owned by her father Shri Rameshwar Parsad. On the death of Shri Rameshwar Prasad, the same devolved on his wife late Smt. Ramwati who continued to carry on the business with the help of her son -inlaw late Shri Ram Bharose Lal Gupta. Smt. Dharamwati was the sole surviving legal heir of Ramwati and hence owner of the premises. A civil suit bearing No.318/2001 was filed by K.V.R. Murthy against Ramwati and husband of Dharamwati claiming himself to be a tenant since 1995 on a monthly rent of Rs.2000/ - which was disposed off in view of statement Ramwati and Ram Bharose without prejudice to their rights and contentions that they will not dispossess K.V.R. Murthy except by due process of law. Smt. Ramwati and Ram Bharose had also filed a civil suit against K.V.R. Murthy seeking mandatory and permanent injunction on 11th May, 2001 wherein Dharamwati was substituted as legal heir of Ramwati. However, the said proceedings were finally withdrawn after Dharamwati accepted that K.V.R. Murthy was a tenant on a monthly rent of Rs.2000/ -.

(3.) ACCORDING to Dharamwati she needed the premises as she had no source of income. She has two daughters namely Kusum and Suman. Her elder daughter Kusum and her husband with two children were staying with Dharamwati at Laxmi Nagar in her residential property. The husband of Kusum was unemployed and having no source of income and hence she needed the tenanted premises to rehabilitate her elder daughter Kusum and her son -in -law. It is stated that rehabilitation of Kusum and her husband are not only necessary for providing source of sustenance of their family but also to generate resources for the future of two grandchildren, their studies and marriage of granddaughter. She further stated that she has no other reasonable suitable accommodation to rehabilitate Kusum and her son -in - law. Property No.87/88, J&K Block, Laxmi Nagar, New Delhi where Dharamwati was residing was a residential premises.