MADHU SUDAN KAKKAR Vs. JAWAHAR LAL

JUDGEMENT

(1.) The present revision petition is filed under Sec. 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as DRC Act) seeking to challenge the eviction order dated 06.10.2016 passed by the Additional Rent Controller (hereinafter referred to as ARC) under Sec. 14(1)(e) of the DRC Act. The application of the petitioner seeking leave defend was also dismissed.

(2.) The respondent/landlord filed an eviction petition for Shop No. 243/1, Post Office Street, Sadar Bazar, Delhi. It is contended by the respondent that he along with three co-owners had purchased the entire property comprising of building No. 219-226, Jawahar Hosiery Market and 239-244, Post Office Street, Sadar Bazar, Delhi by virtue of sale deed dated 20.11.1978. At that time, the property was in occupation of various tenants, one of whom was Sh.Hari Ram Kakkar and his son i.e. the petitioner. Subsequently by means of a suit for partition which resulted in a final decree of partition, a portion came to the ownership of the respondent which includes the tenanted shop. It is urged that the respondent requires the shop bona fide for himself and his other family members dependent on him, more particularly, his son Sh.Gagan Chugh. The respondent has four sons, namely, Sh.Gagan Chugh, Sh.Jitender Chugh, Sh.Hitesh Chugh and Sh.Girish Chugh. The respondent along with his three sons, Sh. Gagan Chug, Sh.Jitender Chugh and Sh.Girish Chugh is carrying on business together by virtue of a partnership under the name and style of M/s. K.P. Enterprises from the premises No.146, Ground Floor, Jawahar Hosiery Market, Sadar Bazar, Delhi. It is urged that with the passage of time, the sons want to start their own independent business. Details of other properties which are available with the respondent is stated. Apart from M/s. K.P.Enterprises, the respondent is also carrying on an independent business in the name of M/s. Jawahar Leather House from Shop No. 6425/1, Factory Road, Nabi Karim, New Delhi in which none of his sons are involved. The properties owned by the respondent which do not constitute suitable alternative accommodation have been mentioned including property being (i) No. 146, Ground Floor, Jawahar Hosiery Market, Sadar Bazar, Delhi, (ii) Shops No. 219-220, Jawahar Hosiery Market, Sadar Bazar, Delhi, (iii) property No. 6425/1, Factory Road, Nabi Karim, New Delhi, (iv) First Floor Godown bearing No. 240, Jawahar Hosiery Market, Sadar Bazar, Delhi. There are other tenanted properties where the respondent is a tenant are also available with the respondent but these shops are not suitable apart from the fact that they are tenanted. The respondent has also filed an eviction petition regarding shop Nos.219-220, Jawahar Hosiery Market, Sadar Bazar, New Delhi for the bona fide need of his other son Sh.Girish Chugh. An eviction order has been passed in favour of the respondent. However, the revision petition was said to be pending before this court. The same was subsequently dismissed and the said premises is now occupied by the respondent's son Sh.Girish Chugh.

(3.) The ARC by the impugned order noted the various grounds raised by the petitioner in his application seeking leave to defend. The ARC noted the submissions of the petitioner as made in the leave to defend application that the respondent has falsely claimed that the firm M/s K.P.Enterprises is carrying on its business from Shop No. 146, Ground Floor, Jawahar Hosiery Market, Sadar Bazar, Delhi. It was the contention of the petitioner that Sh.Gagan Chugh is actually occupying the said premises and that the business of M/s K.P.Enterprises is being carried out from the premises bearing No.240, Jawahar Hosiery Market, Sadar Bazar, Delhi. The ARC rejected the said contention noting that as per the income tax returns of M/s. K.P. Enterprises, its address is 146, Jawahar Hosiery Market, Sadar Bazar, Delhi. Similarly, the telephone bill and Form ST-8 of the proprietorship business under the name of "Jawahar Leather House" mention its address as property No. 6425/1, Factory Road, Nabi Karim, New Delhi. The contention of the petitioner was bereft of any details.