MOHD ISMAIL Vs. ASS MECHANICAL ENGINEERING CO

JUDGEMENT

(1.) AGGRIEVED by the order dated 27th October, 2014 whereby leave to defend was granted to the Respondent in eviction petition under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (in short 'the DRC Act') the Petitioner prefers the present petition.

(2.) MOHD . Ismail, the Petitioner herein filed an eviction petition claiming himself to be the owner of the tenanted premises, that is, one shop on the ground floor of property bearing No.4295, Kucha Pandit, Lal Kuan, Delhi on the ground that he wants to settle his son Mohd.Imran who wants to start the business of general store from the property in question and that Mohd.Imran was presently doing his business from a tenanted premises bearing No.3196 - 98, Lal Kuan, Delhi.

(3.) IN the leave to defend application various pleas were taken including that Mohd. Ismail has several properties in his possession, that is, seven shops on the second floor and eight shops on the first floor of the suit property which are lying vacant and are in the possession of Respondent, Plot of about 700 sq. yards at Sunder Nagar, Mathura Road, New Delhi, one property known as 'Chamaron ki Haveli' at Azad Market and Properties bearing Nos.3734, 3735 and 3736, Gali Masjidwali, Shahganj Chowk, Behind G.B. Road, Kucha Pandit, Delhi admeasuring 200 sq. yards.