SHANTI DEVI & ORS. Vs. RAKSHA AHLUWALIA

JUDGEMENT

(1.) The present Revision Petition is filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the `DRC Act') seeking to challenge an eviction order dated 06.09.2016 passed by the Additional Rent Controller (hereinafter referred to as the `ARC') in the eviction petition filed by the respondent under Section 14(1)(e) of the DRC Act.

(2.) The respondent filed an eviction petition under Section 14(1)(e) of the DRC Act regarding two shops bearing Nos.6 and 7 which are located in Property No.7, Partap Marg, Kewal Park, Azad Pur, Delhi- 110 033.

(3.) The respondent contended that she was the owner of the full property. Referring to the site plan, it was stated that the son of the respondent Sh.Rajiv Walia is using the portion shown in black colour for commercial activities from where he is running the business of distributorship for certain companies; in portion marked as Z-1, the son of the respondent had installed computers and printer etc. and portion marked as Z-2 is being used for the storage purposes; the potion marked as X is in dilapidated condition and is having height of only 7 ft. from road level and is being used by the respondent and her son for the purpose of parking. This area is also being used by two other employees for parking; the portion marked as Y is used by the son of the respondent as his office-cum-godown for the last 20 years and the portion marked as Z is used as washroom and toilet by the staff, visitors and by the son of the respondent; the portion marked as W is used as pantry-cum-kitchen for preparing tea etc. One shop No.3 is said to be in tenancy of Sh.Sohan Lal. Another shop No.4 is in possession of Sh.Anil Kumar against whom a suit for possession is pending. The shop Nos.6 and 7 are in possession of the petitioners.