VIJAY KUMAR GUPTA Vs. KEWAL KRISHAN KOHLI

JUDGEMENT

(1.) The fact that the plaintiff is the landlord and the defendant is the tenant is not disputed. The defendant was let into the possession as a tenant on 1.12.1975, the whole of the first floor except one laterin and a small terrace in front of it at the back of the house of the first floor of the building bearing Municipal No. 7608-9, situated at No. 1I, Ram Nagar, New Delhi-110 055. According to the plaintiff there was a lease deed drawn out and executed between the parties. The rent fixed was Rs. 1200.00 per month. In 1981 the plaintiff has filed the eviction petition against the defendant bearing No. E-226/81 now pending in the Court of Shri R.K. Yadav, Additional Rent Controller, Delhi.

(2.) The main case of the plaintiff is that the tenanted premises is residential and it was let out for the personal residence-cum-office of the defendant. The defendant is doing manufacturing activity and storing inflammable materials. Therefore, according to the plaintiff, the defendant must be injuncted from carrying on from any .activity in the premises and from keeping or storing any inflammable or explosive materials. The defendant filed the written statement on 25.3.1996 stating that the suit has been filed with the ulterior object of harassing and pressurising. The case of the plaintiff that the defendant is storing inflammable or explosive materials is incorrect.

(3.) The further case of the plaintiff is that a Local Commissioner was appointed by this Court at the instance of the plaintiff and the report filed by the Local Commissioner would show that there is no manufacturing activities. The defendant has been in actual physical possession and the materials therein are hypothecated with the bank for the last several years and the plaintiff is well aware of it. In answer to paras 6 and 7 of the plaint the defendant states: Paras 6 and 7 are denied. It is denied that the premises in suit are residential. The answering defendant submit in this respect as under: