AGYA RAM ARORA Vs. SURJEET MECH. TOOLS

JUDGEMENT

(1.) Aggrieved by the order dated 16th October, 2014 granting leave to defend to the respondent in an eviction petition filed by the petitioner under Section 14(1)(e) of the DRC Act, the petitioner Agya Ram Arora prefers the present petition.

(2.) In the eviction petition Agya Ram stated that he was the owner of property bearing No. 1017/342, Gali No.4, Industrial Area, New Rohtak Road, Delhi (in short the suit property). On some portion of the ground floor of the suit property Agya Ram was doing the business of electroplating. Another shop on the ground floor as well as the first floor of the suit property were being used for the purpose of manufacturing and retailing auto-parts which was a business run in the name of his wife. However, his two sons managed the said business effectively. The business of manufacturing auto-parts was successful and thus Agya Ram took another premises on rent. It is stated that both sons of Agya Ram were dependent on him and for the purpose of expansion of their business, the tenanted premises which was a shop on the ground floor of the suit property with M/s. Surjit Mechanical Tools, the respondent herein was required.

(3.) In the leave to defend application the respondent stated that Agya Ram was having a huge residential accommodation measuring 100 sq.yds. which was three storied. The area was now commercial and thus Agya Ram could use the said property also for commercial purposes. About one and a half year ago Agya Ram had purchased commercial accommodation at Anand Parbat Industrial Area, though the respondent could not give the particulars/details of the said premises. Further in the suit property threefourth of the ground floor and the entire first floor was with Agya Ram which was in excess of Agya Ram's requirement. The site plan was filed.