MANJU SHARMA @ MAYA DEVI Vs. KALAWATI

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 2nd August, 2013 whereby leave to defend application filed by the petitioner was dismissed.

(2.) EVICTION petition was filed by the respondent claiming herself to be the owner of a shop admeasuring 7 x 9 ft. situated at the ground floor of premises No.1/3215, Mandoli Road, Shahdara, Delhi -110032. In the eviction petition, the respondent claims that she was the owner of the premises wherein four shops had been constructed. One shop had been sold by her around 10 years ago and the other in the year 2008 for her bona fide needs. Thereafter, the respondent was left with two shops one of which was given in tenancy to the petitioner. It is further claimed that in the other shop, the petitioner's husband is running a general merchant business however, because of ingress and egress of the property being provided from the said shop, the husband of the respondent is using only 1/3rd area of the shop and the rest of the shop is being used for ingress and egress of the property. Thus, the respondent needs the tenanted premises for expansion of the business of her husband.

(3.) EVICTION petition was filed on 15th January, 2013. On a notice being issued, leave to defend application was filed on 13th February, 2013 wherein it was specifically denied that the respondent's husband was running a general merchant shop. It was stated that in fact a pan -bidi shop was being run from the said premises and the respondent's husband was running a tour and travel business.