Charanjeet Lal Sahni & Anr v. Asha Rani Anand

RAJIV SAHAI ENDLAW, J. AUGUST 01, 2017 "gsr".. (Corrected & released on 23rd October, 2017)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 1st August, 2017 + RC.REV. No.86/2017 CHARANJEET LAL SAHNI & ANR. ..... Petitioners Through: Mr. Amarjit Singh Chandhiok, Sr. Adv. with Ms. Sweta Kakkad, Ms. Shruti Sharma & Ms. Deepti Arya, Advs. Versus ASHA RANI ANAND ..... Respondent Through: Mr. Jagmohan Sabharwal, Sr. Adv. with Ms. Seema Singh, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. This Rent Control Revision Petition under Section 25B (8) of the Delhi Rent Control Act, 1958 impugns the order [30th September, 2016 in E-196/2015 (Old No.79346/2016), Unique ID No.02401C0439662015 of the Court of Additional Rent Controller (ARC)-01 (Central), Tis Hazari Courts, Delhi] of dismissal of the application filed by the two petitioners / tenants for leave to defend the petition for their eviction filed by the respondent / landlady under Section 14(1)(e) of the Act and the consequent order of eviction of the petitioners / tenants from a shop on the ground floor of property bearing No.2344, Tilak Bazar, Delhi-110006. 2. The counsel for the respondent / landlady appeared on advance notice and the trial Court record requisitioned. The senior counsel for the petitioners / tenants and the senior counsel for the respondent / landlady have been heard and the record perused. 3. The respondent / landlady instituted the petition for eviction from which this petition arises, pleading i) that the shop in possession of the petitioners / tenants was let out to their father in the year 1980 at a rent of Rs.171.55 paise per month; ii) that the property No.2344, Tilak Bazar, Delhi-110006 was purchased by the respondent / landlady by means of a registered Power of Attorney dated 9th January, 1980 and the father of the petitioners / tenants and after his death, the petitioners / tenants had recognized the respondent / landlady as the owner of the shop in their tenancy; iii) that the elder son of the respondent / landlady viz. Chandan Anand was running his chemical business from a rented shop at C-37/2, Ground Floor, Wazirpur Industrial Area, New Delhi at a monthly rent of Rs.4,500/- since 2008; iv) that the Tilak Bazar area is a well known wholesale market of chemicals of Northern India whereas the Wazirpur Industrial Area is an industrial area and is not a chemical market; v) that Wazirpur Industrial Area is even otherwise not suitable for running the chemical business; vi) that younger son of the respondent / landlady Dinesh Anand was running his chemical business as a sole proprietary concern from the area situated in the back of property No.2344, Tilak Bazar, Delhi. being property No.2343, Tilak Bazar, Delhi; vii) that the said property No.2343, Tilak Bazar, Delhi was owned by the husband of the respondent / landlady and the said area is under the tenancy of Dinesh Anand; viii) that property No.2343, Tilak Bazar, Delhi has only a narrow passage 4"3" wide and a chabutra of 3" from the main road and the rest of the area is at the back of property No.2344, Tilak Bazar, Delhi; ix) that the customers of Dinesh Anand find it difficult to approach property No.2343, Tilak Bazar, Delhi; x) that on the contrary, shop in the tenancy of the petitioners / tenants is on the main road on the ground floor, providing proper business opportunities; xi) that the whole ground floor of property No.2344, Tilak Bazar, Delhi is in the tenancy of petitioners / tenants; xii) that the first floor of property No.2344, Tilak Bazar, Delhi is in the tenancy of M/s Rama Krishna Color Co. since the year 1980; xiii) that the other shops in the property No.2343, Tilak Bazar, Delhi are let out to other tenants and there is no vacant place available therein also for Chandan Anand; the said tenants were inducted by the husband of the respondent / landlady and after whose demise the respondent / landlady along with her sons Chandan Anand and Dinesh Anand are the owners of property No.2343, Tilak Bazar, Delhi; xiv) that the mother-in-law of the respondent / land