SATISH KUMAR @ SATISH SINGH Vs. LAXMI CHAND JAIN

JUDGEMENT

(1.) BY this petition the petitioner impugns the order dated 18th November, 2011 whereby the leave to defend application of the petitioner was declined in an eviction petition filed by the respondent under Section 14(1)(e) of the Delhi Rent Control Act (in short the DRC Act).

(2.) IN the eviction petition the respondents herein i.e. respondent No.1 Laxmi Chand Jain, respondent No.2 Laxmi Chand Jain and Sons HUF and respondent No.3 Suresh Chand Jain pleaded that petitioner No.1 and 3 are brothers and owners of the suit property bearing No. 4262/2 Ansari Road, Darya Ganj, New Delhi which devolved on them on the demise of their father Shri Amir Chand Jain and their mother Smt. Premwati. In 1987 an oral partition took place between Laxmi Chand Jain and Suresh Chand Jain and the property was divided into two portions. This oral partition was subsequently reduced into writing by a deed of partition dated 20th July, 1994. However since the said deed was lost the same was again re -written on 11th March, 1997. Thus half the portion of the suit premises wherein the tenanted shop is situated vested in petitioner Laxmi Chand Jain who is the respondent herein.The tenanted premises consists of one shop which was let out to Surjeet Singh. After the death of Surjeet Singh, the petitioner herein i.e. Satish Kumar occupied the premises as he was working with him as a servant. Surjeet Singh left no legal heir as he was unmarried. Thus, the petitioner herein remained in illegal possession and was served with a notice by the respondent No.1 herein on 9th February, 2006. It is further stated that the respondent's son Dr. Mukul Jain is running a clinic which is on the three side of the tenanted premises. After the partition the respondent Laxmi Chand Jain came to own one shop No. 367, Naya Katra, Chandni Chowk and three small shops on the first floor of Shop No.312, Naya Katra, Chandni Chowk measuring less than 100 sq.ft. Besides on the second floor there are three shops which are all tenanted and all shops have a low roof of about 7 feet. Laxmi Chand Jain runs his business as cloth merchant from his shop bearing No.367, Naya Katra, Chandni Chowk, Delhi as the sole proprietor in the name and style of 'Amar Chand Laxmi Chand Jain and Sons' for which purpose he has to travel daily from his residence, at Ansari Road, Darya Ganj which is on the first floor of the suit premises, to Chandni Chowk. Respondent No.1 Laxmi Chand Jain aged 69 years of age is suffering from old age ailments and has developed acute back and knee pain besides high blood pressure and epilepsy. For the knee pain he has been advised knee transplant and has been asked to avoid squatting or sitting cross legged on the floor. The shop at Chandni Chowk can be run only by sitting on the gaddi on the floor and thus the respondent No.1 is facing serious problems and needs a shop on the ground floor to carry out his business. The site plan of the suit premises wherein the tenanted premises was situated was duly filed. The same shows that the suit property has been given numbers 4244 to 4251 Prem Bhawan, Darya Ganj admeasuring a total of 270 sq.yds. The first floor and the second floor are being used by the respondent No.1 and his brother for residential purposes.

(3.) IN the leave to defend application the grounds taken are that the son of the respondent Dr. Mukul Jain was running his Dental clinic from Vasant Vihar and his other son Rajneesh Jain was running garments business from some other place. It is further stated that behind the tenanted premises there is sufficient place on the ground floor of the property and thus the tenanted premises was not required bona -fidely.