HARINDER NAGAR Vs. KUSUMLATA

JUDGEMENT

(1.) CM 3362/2015 (restoration)

(2.) IN the eviction petition Kusum Lata stated that she was the owner/landlady of property No. IX/3262, Gali No.6, Dharampura, Gandhi Nagar, Delhi -31. There were three tenanted shops on the ground floor, one shop was with Harinder Nagar and the other two shops were in possession of other tenants, namely Akiluddin and Suraj Kalra. Harinder Nagar runs the business of sweets and dairy products in the name and style of Nagar Dairy from the tenanted premise which is two side open. Apart from the three tenanted shops, one shop was in possession of Ms. Jyoti Srivastava, the daughter of Kusum Lata who was running a beauty parlour business for the last 10 -12 years. Kusum Lata has three sons Hardeep Srivastava, Pradeep Srivastava and Manoj Kumar Srivastava. Hardeep runs business of fabrication of baba suits from one shop on the second floor of the suit property and Manoj does the business of car seat cover from a tenanted shop in Dilshad Garden. The third son Pradeep runs a business of manufacturing jeans from a tenanted accommodation at property No. 2980, Gali No.2, Dharampura, Gandhi Nagar at a monthly rent of Rs. 8500/ -. The entire first floor and second floor of the suit property except one room on the second floor is being used for residential purpose wherein Kusum Lata, her husband her two sons Hardeep and Pradeep with their respective families are staying.

(3.) IN leave to defend application Harinder Nagar took the plea that Kusum Lata was not the owner of tenanted premises. Kusum Lata has let out one shop on the ground floor to a tenant namely Deepak an year ago and there was no bonafide requirement of the shop. The room on the ground floor which is stated to be a store is a hall which is lying vacant and is just behind the tenanted shop. There is one room and a tin shed on the second floor lying vacant. The first floor of the suit property is also vacant as Manoj is not residing with Kusum Lata.