RAM DULARI AND ORS. Vs. BRIJ MOHAN

JUDGEMENT

(1.) This is a revision petition filed against the order dated 26.03.2015, by virtue of which, the learned ARC -02, Central District, Tis Hazari Courts, Delhi had allowed the eviction petition filed by the Respondent/landlord on merits.

(2.) Briefly stated the facts of the case are that the respondent /landlord had filed an eviction petition against the petitioners/tenants for recovery of possession in respect of tenanted premises i.e. one shop on the ground floor of 4087, Nai Sadak adjacent Chawri Bazar, Delhi -110006. The said premises were stated to be required bona fide the respondent's son Dr. Jaideep Rohatgi, his grandson, Vaibhav Rohatgi and his granddaughter -in -law, Pallavi Rohatgi who were all doctors. It was stated that they were facing scarcity of accommodation for the purpose of attending their patients. The respondent has explained in the petition the different usages of the portion of the building under their occupation and as to how they intend to use the accommodation if vacated by the petitioner. In this regard, it was specifically stated that there is no provision for x -ray or medical bed/table on the ground floor of the suit premises for attending patients with fractures or with accidental injuries and therefore, the tenanted shop being situated on the ground floor is most suitable for setting up these facilities.

(3.) It was also stated, that if the possession of tenanted shop is retrieved, then same can be alternatively used for shifting of some facility from back portion to the front portion. The portion so vacated could be used for installing a lift in the rear portion of the suit property, as the upper floors were not being properly utilized due to non -availability of lift. It was also averred that the petitioner/tenant had sub -let the tenanted shop to one M/s. Gupta Stationary Mart without the written consent or permission of the respondent/landlord.