RISHI PRAKASH @ MUNNA PEHLWAN Vs. VIRENDER SINGH

JUDGEMENT

(1.) By the present Revision Petition the petitioner seeks to impugn the order dated 2.4.2016 by which an eviction order has been passed against the petitioner under section 14(1)(e) read with section 25B of the DRC (Delhi Rent Control Act).

(2.) The respondent/landlord filed an Eviction Petition against the petitioner for property No. B-1528, Shastri Nagar, Delhi. The premises comprises of one shop. It was averred in the Eviction Petition that late Shri Pribhu Singh the grandfather of the respondent was the owner of the ancestral property B-1528, Shastri Nagar, Delhi. After his death, Shri Nahar Singh father of the respondent and his sister Smt. Vidya Saini became coowners of the property. Smt. Vidya Saini relinquished her share in favour of her brother Shri Nahar Singh. Hence, Shri Nahar Singh became the absolute owner. During the lifetime of Shri Nahar Singh, a Family Settlement dated 29.8.2001 duly registered took place between Shri Nahar Singh and his legal heirs. The present property came to the share of the respondent who is the son of Shri Nahar Singh.

(3.) It is further stated that the respondent was doing his business from property No. D-1525 Shastri Nagar, Delhi but due to paucity of accommodation the business place was converted into a residential premises. The said property is exclusively used for residential purpose hence the tenanted shop in possession of the petitioner is required bona fide by the respondent for himself as well as his son. It is further stated that the respondent does not own any other commercial property in Delhi.