NAND KISHORE DECD Vs. YASHPAL BHATIA

JUDGEMENT

(1.) THE petitioners are aggrieved by the impugned order dated 20.03.2012 whereby their leave to defend application in the eviction petition under Section 14(1) (e) of the Delhi Rent Control Act, 1958 (in short DRC Act) has been dismissed.

(2.) THE case of the respondents in the eviction petition is that they are the landlord and owner of the property bearing no. 9/2185, Gali No. 8, Kailash Nagar, Delhi, being the only legal heirs of late Bhagat Vallabh Dass who had let out shop measuring 6' x 9', situated on the ground floor of this property, to Ramesh Chand and Nand Kishore on 28.04.1996. Both Nand Kishore and Ramesh Chand have since died and hence their legal heirs who are in occupation of the said shop are the petitioners before this Court. According to the respondents, the property comprises of two shops, one room, toilet, bathroom under the staircase and the veranda on the ground floor and two rooms and one kitchen on the first floor. Respondents no. 1 and 2 are bothers and living in joint family. Respondent nos. 2, 4 and 5 are their sisters who are married.

(3.) ACCORDING to the respondents, the shop in tenancy with the petitioners is required for the son of respondent no. 1, namely, Vipin who was aged 24 years at the time of filing of the eviction petition i.e. on 24.09.2010 and was unemployed and unmarried. It is further stated that though the respondents no. 3 to 5 are residing in their matrimonial house but they frequently visit their parental house but due to paucity of accommodation they cannot be entertained. Respondents have further stated that respondents no. 1 and 2 have no other property in Delhi.