JAI GOPAL & ORS. Vs. VIKAS BANSAL

JUDGEMENT

(1.) CAV 1010/2016

(2.) The petitioners are the tenants of a shop comprising of ground floor and mezzanine floor in property No. 367/III, Katra Hussian Bux, Khari Baoli, Delhi-110006 at a rent of Rs. 427/- per month. It is the contention of the respondent in the eviction petition that he does not have any other property in his name for running a business. The respondent is said to be in private employment and wants to start his own independent business from the tenanted premises. The said premises is the most suitable accommodation as it is on the ground floor and the respondent can call and attract his customers and passersby. The premises is situated in the heart of the city which is the biggest wholesale market of Asia known as Khari Baoli. It is urged that because of inflation, it is not possible for the respondent to provide better nourishment to his family members in his meager income. It is further urged that the petitioners are having various accommodations from where they are running their business activities and the tenanted premises is a luxury for the petitioners. He has also submitted that he has one shop which was earlier under the tenancy of Ms. Anchal Mittal who has recently vacated the same. It is submitted that the said shop is being used by the wife of the respondent for her own business. It is further stated that the tenanted premises is much bigger than the shop occupied by Ms. Anchal Mittal and hence, more suitable for the business of the respondent.

(3.) The petitioners filed their application under Sec. 25(B)(4) & (5) of the DRC Act seeking leave to contest the eviction petition. Various pleas were raised in the said application by the petitioner including as follows:-