HANS RAJ GUPTA Vs. INDER RAJ SINGH

JUDGEMENT

(1.) Exemption allowed subject to just exceptions.

(2.) In the leave to defend application the petitioner herein pleaded that the respondent has no locus. The rentals have been paid. The site plan filed by the respondent is wrong and denied and the premises is not required by the respondent for bona-fide purposes. It is stated that the other three tenants on the first and second floor have been staying for the last 10 years and it is not known why the respondent is adamant on getting the premises vacated from the petitioner who has been staying there for the last 30 years.

(3.) Considering the grounds the learned Additional Rent Controller decided the three issues i.e. status of the respondent as owner/landlord, bona-fide requirement of the dependents of the respondent and the availability of the suitable alternative accommodation. As regards the status of the respondent as owner/landlord was concerned, it was held that as per the Hindu Succession Act the respondent had inherited the property being legal heir of Smt. Shakuntala Devi and thus he was entitled to file the eviction petition. Regarding the bona-fide requirement of the dependents of the respondent it was held that the premises in question was required for starting the business of the son and for professional activity of the grand-son of the respondent. As regards availability of alternative accommodation is concerned, the learned ARC noted that the first floor and second floor accommodation where the respondent lives with his family and has tenants would not fulfill the requirements, as ground floor is always more suitable for starting a commercial activity as it attracts customers because of case and convenience of doing the business, hence this ground was also rejected.