SIMARJIT SINGH Vs. BALBIR SINGH

JUDGEMENT

(1.) The petitioner Simarjit Singh assails the impugned order dated 05.03.2018 of the learned Rent Controller, (West), in Eviction Petition No.54/17 whereby an application under Section 25-B of the DRC Act, 1958 (as amended) filed by the petitioner herein seeking leave to defend the eviction petition filed by the respondent herein, i.e., Sh. Balbir Singh seeking eviction of the petitioner herein from the tenanted premises bearing no.WZ89/3 Gali No.9, Guru Nanak Nagar, Outer Ring Road Delhi was declined, and it was held that the petitioner herein, i.e., the respondent to the Eviction Petition No.54/17 had failed to raise any triable issue and thus had been directed to vacate the tenanted shop as shown in red colour in the site plan filed by the landlord and to hand over the vacant peaceful possession of the same to the landlord, with it having been directed that the said order would not be executable for the period of six months from the date 15.03.2018 in terms of Section 14(7) of the DRC Act, 1958 (as amended). The petition was taken up on 11.07.2018 and submissions were made on behalf of either side qua the petition filed by the petitioner inasmuch as the petitioner and the respondent were represented by the learned counsel, inasmuch as the counsel for the respondent to the present petition in RC.REV. P. 307/18 was present on advance notice.

(2.) The respondent to the present petition, i.e., the landlord claimed vide the eviction petition that the tenanted premises was situated on the ground floor and had been let out for non-residential purpose and were being used by the respondent to the eviction petition, i.e., petitioner herein for commercial activities where the respondent/ tenant was carrying on the business of car sale and purchase with assistance of his employees under the name and style of SHRI ISHAR MOTORS. The shop was described to be an L-corner shop in which the electricity meter was installed under the name of the tenant in the tenancy created in the year 2013. The landlord further submitted through annexure-A to the petition that he had purchased two shops in the property bearing no. WZ-89/3, Gali No.9, Guru Nanak Nagar, Outer Ring Road Delhi vide sale deed dated 29.07.2004 and GPA dated 29.09.2005 and that the agreed rate of rent was Rs. 3,500/- per month but that the tenant had been depositing "Rs. 1,400/-" and had not been paying the rent from January 2013 in any form nor was he paying the electricity bills. The landlord further asserted that the adjoining shop in the same property was being used by his brother namely Sh. Dalbir Singh who was running his business under the name and style of M/S BUSINESS LINKS since 2013 and that he, the landlord did not have any other commercial property other than these two properties and required the said tenanted premises bona fide for his own use and occupation for carrying on his own business, inasmuch as he was presently idle as there was no scope now for income from his earlier business of property dealing and the that the landlord wanted to start his own business of food items/mini restaurant like bar-be-que from the suit shop.

(3.) The landlord further asserted that he had a residential premises at Plot no.430, Gali no.1, Karnail Singh Dairy Area, Street no.19, Sant Garh, Tilak Nagar, New Delhi of which the second floor was in use for his occupation and for residential purpose for his other family members and that the petitioner was possessed of sufficient funds to start a new business and had the knowledge and know how to start his new venture with the experience and expertise.