AKSHMA DEVI Vs. JAGDISH & ORS

JUDGEMENT

(1.) By the present petition, the petitioner/landlord seeks to impugn the order dated 31.10.2015 passed by the ARC granting leave to defend to the tenant/respondent.

(2.) The petitioner filed the petition under Section 14(1)(e) read with Section 25 B of the Delhi Rent Control Act seeking an eviction order in respect of the property being One Almirah Shop forming part of Shop No. 3830, Arya Samaj Road, Karol Bagh, New Delhi-5. It was the contention of the petitioner that she is the owner of the property in dispute and the same is required bona fide for running the business of her son, namely, Sh.Umesh Aggarwal who is a family member and residing with the petitioner and is dependent upon her for necessary accommodation for carrying out his business. It was stated that the entire property No. 3820-3830, Arya Samaj Road, Regarpura, Karol Bagh, New Delhi-5 is let out to different tenants and the petitioner is not in possession of any portion of the said property. The son of the petitioner i.e. Sh. Umesh Aggrawal, it was averred, intends to carry on the business of car accessories and spare parts from the property in dispute.

(3.) It is the case of the petitioner that Sh. Narayan Dass was the original tenant inducted by the predecessor in interest of the petitioner under an oral tenancy. The respondents inherited the tenancy rights on the death of Sh.Narayan Dass i.e. respondents No.1 to 9. It may be noted that only respondents No.2 and 7 have filed their application for leave to defend.