OM PRAKASH Vs. SURESH BHARIJA & ANR

JUDGEMENT

(1.) These are two connected revision petitions bearing RCR No.180/2015 titled Om Prakash vs. Suresh Bharija & Anr. and RCR No.263/2015 titled Jasvinder Singh Heera @ Shunty vs. Suresh Bharija & Anr. The connection in these two revision petitions is that the landlords/owners of the property are the same persons who have filed two separate eviction petitions in respect of the two separate shops in two property bearing No.C -8, Ajay Enclave Extension, New Delhi -110018 and another property in the same locality bearing No.S -20, Front Side, Ajay Enclave Extension, New Delhi -110018.

(2.) Briefly stated the facts of both the cases are that in RCR No.180/2015 the petitioner/tenant is occupying a shop No.1, measuring 10ft. x 14 ft. in property No.C -8, Ajay Enclave Extension, New Delhi -110018 while as in RCR No.263/2015, the petitioner/tenant is occupying a shop in the front portion of the building and running some manufacturing unit.

(3.) The case which has been set up by the respondents/landlords are that they are the owners and the landlords in respect of both these tenants. The property originally belonged to their father who has expired. Their mother has also expired and they have inherited the entire property. Both the petitioners are old tenants and presently are paying rent @ Rs.1500/ - and Rs.1210/ - per month respectively. After the death of their father Shri Bahadur Chand on 22.09.1999 three sons and four daughters apart from widow were left as the legal heirs. Widow Raj Rani also expired on 20.05.2002 intestate and thus leaving behind three brothers and four sisters two of whom are unmarried. All the four sisters and one brother Ramesh Kumar are stated to have executed a Relinquishment Deed in favour of their brothers on 14.09.2005 which was duly registered with the Sub -Registrar on the same day itself. It has been pleaded by the brothers that so far as property No.C -8 is concerned there are four shops out of which two shops are with the respondents/landlords who are brothers and two shops are with the tenants, though in different properties. The two shops which are with the respondents/landlords are being used by them for doing their business. The two unmarried sisters who are living with them and are aged 38 years and 37 years, namely, Santosh Kumari and Neelam Kumari, want to start their business of beauty saloon and a boutique and therefore, eviction of the two tenants one from C -8 and other from S -20 is sought.