DAULAT RAM KAPOOR Vs. USHMA SHARDA

JUDGEMENT

(1.) This petition assails the order dated 11.05.2017 passed by the learned ARC East, Karkardooma Court, Delhi, in eviction case no.702/2016.

(2.) Vide the impugned order the application for leave to defend filed by the petitioner was dismissed and an eviction order was passed by the Court.

(3.) The respondent filed an eviction petition in respect of the shop admeasuring 7'x9' approx. without roof rights in premises no.E-4/24, Krishna Nagar, Delhi-110051 on the plea this property along with an adjoining shop is required by the respondent and her husband to start a tour and travel business, as her husband has been working as a free lancer guide/ tour escort, approved by the Ministry of Tourism, Govt. of India since 1981 and till date he has been travelling in his entire career but for the last four to five years he is suffering from diabetes, hypertension and joint pains and is unable to travel for more than a day since the last two years. The respondent is also a post graduate, having an experience of about 34 months in travel industry. Apart from suit premises the respondent owns three residential houses, viz B-10/7907, Ground Floor, Vasantkunj, New Delhi; House No.B-1/1483; 1st floor, Vasantkunj, New Delhi; and a DDA flat No.185, 1st Floor, Munirka, New Delhi but the commercial activities are not allowed in these properties. The suit property is situated on a commercial road and the entire front portion is occupied by the three tenants including the petitioner. The respondent is though having some space viz. a room on the back side of the suit premises which opens in a gali 25 feet, but the commercial activities are not permitted in the gali as per Master Plan 2021 and even otherwise the said property on the back side can only be suitably used once the shops at the front side are got vacated.