HIRA NAND Vs. SHAKUN & OTHERS

JUDGEMENT

(1.) The petitioner vide the present petition assails the impugned order dated 13.07.2017 of the learned Pilot Court, Central, THC, Delhi in Eviction Petition No.177/2017 whereby the application filed by the petitioner herein who was arrayed as the respondent no.1 to the eviction petition seeking leave to defend the eviction petition filed by the petitioners thereof arrayed as the respondents to the present petition seeking eviction of the petitioner herein from the tenanted premises i.e. the property bearing shop/municipal No.5167, Ward no.13, Mandi Rai (Sarai Haffiz Banna) Sadar Bazar, Delhi-110006 consisting of the ground floor, first floor and second floor shown in red in the site plan attached to the petition on the grounds of bona fide requirement,- was dismissed.

(2.) The petitioners of the eviction petition i.e. the respondents to the present petition had submitted that Sh. Jai Bhagwan Aggarwal husband of Smt. Kailasho Devi i.e. the respondent no.2 and father of Smt. Shakun, Sh. Narender Garg, Smt. Savita Goyal, Smt. Kavita Goel and Smt. Bharti Goyal i.e. the respondent nos.1, 3, 4, 5 & 6 arrayed to the present petition had purchased the suit premises on 06.07.1982 from Smt. Jamila Begum vide a registered sale deed and at the time of the purchase of the property, it comprised of a ground floor and terrace at the first floor and that the respondent nos. 1 & 2 arrayed to the eviction petition i.e. the petitioner herein Sh. Hiranand and Sh. Vishan Das represented through his legal representatives, were tenants in the ground floor shop at the rate of rent of Rs.28/- per month and had been making the payment of the rent to Sh. Jai Bhagwan Aggarwal during his lifetime and that in the year 1992, the said shop was reconstructed as the ground floor, first floor and second floor and the petitioner herein namely Hiranand and the other tenant Sh. Vishan Das had requested Sh. Jai Bhagwan Aggarwal to let out the entire shop consisting of the ground floor, first floor and the second floor at the rate of rent of Rs.2,500/- per month and thus the rent for the entire property comprising of the ground floor, first floor and the second floor was re-fixed at the rate of rent of Rs.2,500/- in the year 1992.

(3.) Sh. Jai Bhagwan Aggarwal expired on 13.02.2015 leaving behind the respondents arrayed to the present petition as his legal heirs. The respondent no.3 Sh. Narender Garg is stated to have visited the suit property after the demise of his father and found that the tenants had illegally sub-let the ground floor of the suit property to various sub-tenants named Manoj Kumar, Jai Prakash and Hori Lal without the permission of Sh. Jai Bhagwan and of the respondents herein. The said suit shop on the ground floor however as per averments made in the petition itself had been vacated by the subtenants and was lying vacant but the tenants were not paying the rent to the legal heirs of Sh. Jai Bhagwan Aggarwal after his demise.