KOHLI MOTORS INDIA Vs. ASHA MENON

JUDGEMENT

(1.) Petitioner/tenant has preferred this petition under Article 227 of the Constitution of India, challenging the order dated 1.12.1995, passed by the Competent Authority (Slum), impleaded as respondent No.1, granting permission to the respondent No.2-landlord to institute proceedings against the petitioner under Section 19(1)(a) of the Slum Area (Improvement and Clearance) Act, 1956 (hereinafter referred to as the 'Act'), for his eviction.

(2.) . Respondent No.2-landlord had applied for permission under Section 19 of the Act on 26.11.1990. The Competent Authority, as noted above, vide the impugned order granted the said permission, holding that the petitioner had sufficient means available to him to take alternate accommodation in the event of eviction from the suit premises.

(3.) Petitioner is a dealer in motor spare parts and carries on business under the name and style of Kohli Motors India. Petitioner is a tenant under respondent No.2 in respect of premises bearing No.563/6, Gali Behl Sahib, Ganda Nala Bazar, Mori Gate, Delhi. Respondent No.2-landlord has sought permission under Section 19(1)(a) of the Act, submitting that petitioner was a defaulter in payment of rent since 1989, the tenanted premises were unsafe and unfit for human habitation. Further it was claimed that petitioner had caused substantial damage to the premises and the same were required for repairs. Respondent No.2 submitted that petitioner was engaged in the business of motor spare parts and his monthly income was Rs.30,000.00 per month. Besides, petitioner was said to be in possession of alternate premises, bearing No.A-2/257, Janakpuri and would, therefore, not create any slums, if evicted pursuant to the permission granted.