VIPIN KALRA Vs. VIDHYAWATI

JUDGEMENT

(1.) AGGRIEVED by the order dated 23rd January, 2015, whereby the leave to defend filed by the Petitioner Vipin Kalra in an eviction petition filed by the Respondent Smt.Vidhya Wati under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (in short 'the DRC Act') was dismissed, the Petitioner prefers the present petition.

(2.) IN the eviction petition, Smt. Vidhya Wati stated that one shop at the ground floor of property No.E -8, East Chander Nagar, Delhi, that is, privately numbered Shop No.1 (in short 'the tenanted premises') was let out by the deceased husband Vidhya Wati to Vipin Kalra at a monthly rent of Rs.100/ - which was enhanced from time to time. Vidhya Wati, aged 68 years, was the owner and landlord of the suit property E -8, East Chander Nagar, Delhi. Smt. Vidhya Wati along with her three sons, their wives and children, that is, 13 members of the family is residing in the suit property. Her three daughters, who were married, were living in their matrimonial home but frequently visited Vidhya Wati and other family members at least once a week.

(3.) THE suit property consists of six shops of different sizes and out of which three shops were on the main road which were numbered Shop Nos. 1, 2 and 3. Shop Nos. 1 and 2 were in the tenancy of the Petitioner Vipin Kalra and Shop No. 3 was with Vidhya Wati's son namely Pooran. The other three shops measuring 5 ft x 8 ft were on the street side and were given private shop Nos. 4, 5 and 6. Shop Nos. 4 and 5 were with Vidhya Wati's son Narender while Shop No.6 was with Nirmal Kant Gaba. She explained the position of all the rooms occupied by her family on the ground floor and the first floor. It is stated that Vidhya Wati's elder son Suresh Kumar was unemployed and for this reason he could not be married with some suitable girl. Vidhya Wati could not start some business for him due to paucity of accommodation and the said son expired in the month of March, 2012. Vidhya Wati's son Chander Sain was doing a private job and earning salary of Rs.8,000/ - which was not sufficient to maintain his family and thus he wants to start his own business. Vidhya Wati needs private shop No. 6 for extending the business of her son Narender and private Shop No.1 for her second son namely Chander Sain and private Shop No.2 occupied by Bhajan Lal for extending hardware business of her son namely Pooran Chand. Her sons are facing great hardships due to lack of accommodation.