R D BATRA Vs. SURESH GULATI

JUDGEMENT

(1.) Petitioner impugns judgment dated 23.10.2018 whereby leave to defend application of the petitioner has been rejected.

(2.) Petitioner was tenant in a shop in property bearing No. 3565, Ward No. 14, Gali Takia Tawakel Shah, Qutub Road, Sadar Bazar, measuring 7 ft. x 38 ft, more particularly as shown in red colour in the site plan annexed to the eviction petition.

(3.) Respondent filed the subject eviction petition contending that the said premises were given on rent for commercial/godown purposes to the petitioner and he was using the same for godown purposes. The monthly rent of the premises was Rs. 90/-. Eviction petition was filed contending that the suit premises was purchased by the mother of the respondent and a registered Will was executed in favour of the petitioner of the said premises by his mother. She expired on 04.06.2010 and after her death respondent became the owner of the suit premises.