SARDAR MAHINDER SINGH Vs. SUKHWANT KAUR

JUDGEMENT

(1.) These revision petitions are filed for setting aside of the order dated 26.10.2015 passed by the learned Rent Controller (East), Karkardooma, Delhi whereby the applications for leave to defend of the petitioners in both the eviction petitions were dismissed. The petitioners are brothers and are the tenants of adjoining shops at the ground floor of property no. IX/29, Kailash Nagar, Delhi-31.

(2.) The eviction petitions were filed against both the brothers under Section 14(1)(e) of the DRC Act alleging the respondent is an owner/landlord of the property, including these two shops admeasuring about 9ft. x 16 ft. each situated on the ground floor. It was alleged respondent is residing with her husband Mr.Trilok Singh in the back side of the property on the ground floor and on the first floor. They have one daughter who is married and lives in Gurugram and visits respondent occasionally. The husband of the respondent got retired in the year 2005 from National Physical Laboratory, Pusa, New Delhi. The respondent alongwith her husband wish to start cloth business in the tenanted shop as her husband is not working since retirement and they have no reasonable or suitable premises, besides these subject shops rented to the two brothers viz. the petitioners. The premises is situated in the biggest readymade cloth market of Asia in Delhi.

(3.) It is the case of the respondent that after getting both the shops vacated from the petitioners herein they shall amalgamate the shops into one big unit and would run the business of readymade garments/cloth items with the help of workers. It is alleged such business require more space for storage/godown too. Even the petitioners have removed the partition wall in between these two rented shops and have amalgamated into one unit and had fixed a single shutter in these shop but the shops are lying vacant since 1999. It was also alleged the respondent has no other alternative accommodation in her name to start the business as the first floor and the terrace are purely residential.