KISHAN LAL Vs. MANOHAR LAL AND OTHERS

JUDGEMENT

(1.) In the present case, eviction petition was instituted in the year 1999. Eviction petition was filed by Dan Sahai Bamania. During the pendency of rent petition, he expired on 1.12.2004 as stated by learned counsel for the petitioner. Eviction petition was instituted claiming rent of the shop to be Rs. 1,200.00 per month, which was rented out to the petitioner-tenant, who is engaged in the business of sale of Auto Spare Parts. It was stated that the rent since 1.1.1996 to 31.7.1999 has not been paid and tenant is in arrears of rent. Second ground pleaded was that the shop is required on the ground of personal necessity as Dan Sahai, landlord, intended to start business of Auto Repair along with his son Dev Dutt.

(2.) A written statement was filed in which it was stated that the landlord has wrongly claimed the rent to be Rs. 1,200.00 per month, in fact rent was Rs. 700.00 per month including house tax. It was further stated that the tenant has been paying the rent regularly and no ground of personal necessity has been made out as another shop was got vacated by the landlord from Om Parkash, another tenant, about two years back, which is lying vacant and locked.

(3.) Replication was filed, in which averments made in the eviction petition were reiterated and that of written statement were denied.