LAWS(DLH)-2015-11-112

ASHOK KUMAR GUPTA Vs. RAJESH KUMAR AND ORS.

Decided On November 03, 2015
ASHOK KUMAR GUPTA Appellant
V/S
Rajesh Kumar And Ors. Respondents

JUDGEMENT

(1.) This is a revision petition filed by the petitioner against the order dated 16.01.2015 by virtue of which leave to defend of the petitioner was dismissed and an order of eviction was passed.

(2.) Briefly stated the case which has been set up by the respondentslandlords in the eviction petition was that they have become owners of the property in question bearing No.120, Hari Nagar, Ashram, New Delhi. It is alleged that there are four shops in the said premises out of which three are let out to the tenants while one of the shops is with respondent No.1 (Rajesh Kumar). It is alleged in the petition that the present petitioner was in occupation of Shop No.2 in the suit premises and the said shop was required bona fide by respondent No.2 (Sudesh Kumar), who is currently working as a Plant Manager with V.A. Tech. Kondly, Mayur Vihar, Phase-III, New Delhi. It has been alleged that he intends to start his own business of Sucker Machines used for sewerage purposes and wants to open an office in the said shop. It is further stated that on the back side of the suit property there are five residential rooms, two of the rooms are in occupation of tenant Talwinder Singh, one is in occupation of one Inderjit Singh and one with Trilok Chand and the remaining one room is in occupation with the respondentslandlords.

(3.) The petitioner-tenant filed his leave to defend and challenged the bona fides of the respondents-landlords seeking his eviction from the shop in question. His contention was that apart from property in question, the respondents-landlords owns property bearing No.27, Bazar Lane, Jangpura, Bhogal, New Delhi. They also own property in Aali, Village Badarpur, New Delhi, another property in Village Dadri, U.P. as well as a property in Nehru Place, New Delhi. It has been also stated that a shop which is adjoining to the shop of one Banwai Lal in the suit premises is also lying vacant.