RAMESH MISHRA Vs. USHA RANI VERMA & ORS

JUDGEMENT

(1.) This revision challenges the impugned order dated 15.01.2018 passed by the learned Additional Rent Controller/Pilot Court (Central District), Tis Hazari Courts, Delhi (hereinafter Trial Court ) in Eviction Petition E-908/2017 CIS No.1050/2017 titled "Smt Usha Rani Verma & Another Vs Shri Mahesh Mishra and Another filed by the landlord/respondents herein against the tenant/petitioner under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (DRC Act).

(2.) The learned Trial Court vide impugned order dismissed the application dated 11.01.2018 filed for leave to defend by the petitioner herein and also passed an eviction order in respect of one shop bearing No.4054, Facing Gali Satte Wali (behind Nai Sarak) on Ground Floor, without terrace rights and also without having any right in loft/ mezzanine, having area of 5'10" x 6', having height upto 10'9", approximately, fitted with electric connection, situated at Ward No. VI, Nai Sarak, Delhi-l 10006, (hereinafter tenanted shop ).

(3.) Before coming to the grounds of challenge to the impugned order, it would be appropriate to state the relevant facts. Smt.Usha Rani Verma and her husband Sh.Satpal Verma, respondents No.1 & 2 herein had filed an eviction petition against the joint tenants viz, two brothers namely Sh.Mahesh Mishra/respondent No.3 herein and Sh. Ramesh Mishra, the petitioner herein. Initialy, the mother of both these brothers was the tenant in respect of tenanted premises but after her death the petitioner along with his brother Mahesh Mishra - Respondent no. 3 inherited the tenancy rights hence became the joint tenants in respect of the tenanted premises. As per petition filed by the respondents No.1 & 2 herein, a portion of tenanted premises/Shop No.4054, there exist a Kolki/Store, upto the height of 2'3", approximately, from ground level of the tenanted premises/Shop, which is now being used by the petitioner herein, for storing his stock of Soft Drinks, Water Bottles, etc. and whereas the petitioner is selling Soft Drinks, Water Bottles, etc. by occupying/using a space on footpath, adjacent to Property No. 4057/58, situated at Nai Sarak, Delhi-110006. Another portion of tenanted premises/shop No.4054, over and above 2'3", approximately, from the ground level and upto height of 10'9", which would be at the height of 8'6", approximately, is being used by Respondent No. 1 for running his business of wedding cards, birthday cards, Visiting Cards, envelops etc., in the name and style of "Radhika Card". The said two portions, mentioned hereinabove, are the tenanted premises, which are now presently being used jointly by the petitioner herein and respondent no. 3 as sons of the erstwhile tenant namely Late Smt. Radha Devi. The entire tenanted premises is shown in red colour in the site plan annexed herewith. The portion over and above the height of 10' 9" of the tenanted premises, from the Ground Level, is a Loft/ Mezzanine, having the height of 3'3", which is not in the possession of these joint tenants.