MELA RAM MALHOTRA Vs. KRISHAN KUMAR SACHAN

JUDGEMENT

(1.) Cm. No. 24445/2019 (Exemption)

(2.) The respondent/landlord had filed the eviction petition with respect to a shop on the ground floor measuring 10 ft. x 12 ft. admeasuring 70 Sq. yards in property bearing No. A-649, Shastri Nagar, Delhi-110052 (here in after refer to as the "premises in question").

(3.) The case set-up by the respondent/landlord in the eviction petition was that he was the absolute owner by virtue of a registered sale deed in his name. The ground floor of the "premises in question" has two shops and one car garage. The garage is used by the son i.e. Mr. Rahul Sachan, for parking his car. The daughter of the respondent/landlord, namely, Ms. Pragya Sachan, is a qualified doctor and one shop on the ground floor is used by her for running a clinic. The other shop was tenanted with the petitioner/tenant. The respondent/landlord retired from the MCD, as a Pharmacist on 31.12. 2012 and is unemployed. The tenanted shop was required by the respondent/landlord for opening a medical store as he has the qualification of a Pharmacist. He has no other alternate shop either in Delhi or elsewhere for running the medical store. It was also stated that the petitioner/tenant had three shops in property bearing No. WZ-136, Nimri Village, Shastri Nagar, Delhi from where he is carrying business of general store under the name and style of M/s Malhotra Stores.