LAWS(DLH)-2016-4-191

PANNA LAL Vs. NEELAM CHOPRA

Decided On April 29, 2016
PANNA LAL Appellant
V/S
Neelam Chopra Respondents

JUDGEMENT

(1.) - This is a revision petition filed by the petitioner/tenant against the order dated 25.02.2015 passed by the learned Senior Civil Judge-cum-Rent Controller, New Delhi District, Patiala House Courts, New Delhi rejecting the leave to defend application of the petitioner/tenant.

(2.) Briefly stated the facts leading to the filing of the present revision petition are that the respondent/landlady has claimed herself to be the owner of the tenanted premises bearing Shop No.58-B, Khan Market, New Delhi more particularly shown as red in the site plan attached to the petition. She has stated that she had purchased the shop in question vide registered Sale Deed on 19.11.1969. She has stated that she requires the said premises for business purposes and which she intends to run along with her husband Ramesh Chopra and that neither she nor her husband had any other commercial accommodation available to them much less any reasonable suitable alternative accommodation where they can do business.

(3.) It has also been stated by her that she was earlier carrying on her business from the tenanted premises under the name and style of Allied Fruit Mart and she had got a health licence issued from NDMC in her favour which is mandatory, for running the business. She also got the registration of her shop in her name under the Delhi Shops and Establishment Act, 1954. It is stated that father of the respondent/landlady used to sit at the shop and she used to assist her father who had a substantial experience of selling fruits, vegetables, groceries and other similar items on retail basis. She was also registered with the Khan Market Trade Association and is stated to be regularly paying her monthly subscription of 1800.00 to the association.