BALRAM Vs. NIRMALA DEVI

JUDGEMENT

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

(2.) Briefly stated that facts of the case are that the respondent-landlady is the owner of property No.16/605-E, Tank Road, Bapa Nagar, Karol Bagh, New Delhi. It is stated in the eviction petition that in the year 1996, the husband of the respondent-landlady deserted her when her children one son and a daughter were young. After desertion, the respondent-landlady started running a Tandoor on the street where she used to bake chapatti for different persons and earn her livelihood. It is alleged by her that her Tandoor was kept on a public road she was facing immense difficulty from the municipal corporation as they would often challan her. She has accordingly been constrained to file an eviction petition for retrieving possession of a shop measuring 8 ft. x 5 ft. on the ground of bona fide requirement from the present petitioner for the purpose of running a restaurant business in a proper space.

(3.) The petitioner-tenant in the instant case filed his leave to defend application and raised an objection that the eviction petition was not maintainable because there was no relationship of landlord and tenant between the parties and that the respondent-landlady can run the business of Tandoor baking chapatti or selling food from her residence and the premises in question was in a dilapidated condition. The real intention of the respondent-landlady was said to be suspect.