KRISHAN DEV Vs. ASHOK KUMAR

JUDGEMENT

(1.) This revision petition has been filed against the concurrent orders of the Courts below allowing the petition for eviction filed by the respondent -landlord and thereby evicting the petitioners from the demised premises.

(2.) Brief facts are that the shop in dispute belonged to Sansari Lal who inducted Krishan Dev as tenant on a monthly rent of Rs. 80/ - w.e.f 1.12.2001. Thereafter, Sansari Lal executed a Will in favour of his nephew i.e the respondent and also appointed him as general power of attorney and after the death of original owner, the respondent started managing the demised the premises. The respondent filed the instant petition for eviction of the original tenant -Krishan Dev, since deceased, now represented through his LRs on the grounds of non -payment of rent as well as bona fide personal necessity. The plea taken was that the respondent wanted to settle his unemployed son in the business of departmental store in the demised premises, as the same business being run by the respondent in an adjoining small shop was not sufficient for the entire family.

(3.) The tenant denied the fact with regard to execution of any Will in favour of the respondent by Sansari Lal before his death since Sansari Lal had five sons and a daughter who, after his death, succeeded to his estate.