MITHLESH KUMAR Vs. SUBHASH CHANDRA TRIPATHI

JUDGEMENT

(1.) Petitioner impugns order dated 16.08.2016 whereby the leave to defend application of the petitioner has been dismissed and an eviction order passed.

(2.) Subject eviction petition was filed by the respondent seeking eviction of the petitioner from Shop No.7 in property No.4A-5, House No.209/8, Post Office Block, Krishna Nagar, Delhi-110051. It was contended by the respondent in the eviction petition that the subject property was owned by Smt. Vijay Kumari, wife of respondent No.1 who died intestate leaving behind four sons and all of them had become co- owners of the subject property.

(3.) It is contended by the respondents that there are nine shops in the property. Respondents had recovered possession of Shop Nos.1 & 2 under single tenancy through orders of Court. After eviction of the shops Nos.1 & 2, Sh. Umesh Tripathi, respondent No.3 was carrying on his business from the said shop. Shop No.9 is being run by Sh.Naresh Tripathi, respondent No.2 and there was no other accommodation for the other two co-owners i.e. respondent Nos.4 & 5 i.e. Sh.Dinesh Tripathi and Sh.Sunil Tripathi as the other shops are under tenancy of other persons. Further it was contended that Sh.Sunil Tripathi was constrained to work in the shop of Sh.Umesh Tripathi to support his own family.