Rajesh Kumar v. Shiv Charan

RAJIV SAHAI ENDLAW, J. SEPTEMBER 01, 2017 "gsr".. (Corrected & released on 30th January, 2018)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 1st September, 2017 + RC.REV.411/2017 RAJESH KUMAR ..... Petitioner Through: Mr. Madhurendra Kumar, Adv. Versus SHIV CHARAN ..... Respondent Through: None. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM Nos.32017-18/2017 (both for exemptions) 1. Allowed, subject to just exceptions. 2. The applications are disposed of. RC.REV.411/2017 & CM No.32016/2017 (for stay) 3. This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 15th December, 2016 in E.No.26072/2016 of the Court of Additional Rent Controller (ARC) (West), Tis Hazari Courts, Delhi] of dismissal of the application filed by the petitioner / tenant for leave to defend the petition for eviction under Section 14(1)(e) of the Act filed by the respondent / landlord and the consequent order of eviction of the petitioner / tenant from Shop No.6 in property No.1624-25/913, Shiv Market, A-4, Paschim Vihar, New Delhi. 4. The counsel for the petitioner / tenant has been heard. 5. The respondent / landlord instituted the petition for eviction, from which this petition arises, pleading i) that property No.1624- 25/913, Shiv Market, A-4, Paschim Vihar, New Delhi was joint property of the respondent / landlord along with his father and brothers; ii) that as per decree in CS(OS) No.1325/1987 of this Court, the shop No.6 in the tenancy of the petitioner / tenant, besides certain other shops, came in the share of the respondent / landlord; iii) that besides the shop in tenancy of petitioner / tenant, the respondent / landlord is owner / landlord of four other shops in the same property, which are occupied by other tenants; the respondent / landlord does not own or occupy any other commercial property; iv) that the son of the respondent / landlord viz. Mr. Nirdesh Sharma @ Nirdosh Sharma, who is dependent upon the respondent / landlord, is jobless and unemployed; v) that the respondent / landlord does not have any commercial premises from where he can open shop along with his son Nirdesh Sharma; vi) that the respondent / landlord himself has been a wrestler and his son is also a sports person and they want to open a shop for sports equipment, so that they can earn their livelihood; vii) that the respondent / landlord or his son do not have any other reasonable suitable alternate accommodation. 6. The petitioner / tenant applied for leave to defend, pleading i) that the petition for eviction is bad for non-joinder of parties; the respondent / landlord is not the owner of the shop in the tenancy of the petitioner / tenant and the partition as claimed by the respondent / landlord has not been enforced and thus the respondent / landlord alone cannot sue the petitioner / tenant for eviction and the co-owners of the respondent / landlord are a necessary party, who have not been impleaded; ii) that the respondent / landlord is a Skipping Coach in Sports Branch at Chhatrasal Stadium, Model Town, Delhi under the Directorate of Education and is earning handsome salary therefrom and from which the respondent / landlord has become owner of various properties in Delhi; iii) that the respondent / landlord is running a commercial institute under the name and style of Rope Skipping Federation of India (Regd) at C/160, Dayanand Colony, Lajpat Nagar, New Delhi and is earning a lot of money therefrom; iv) that Nirdesh Sharma, son of the respondent / landlord is also sharing the income from Rope Skipping Federation of India (Regd) along with the respondent / landlord; v) that the respondent / landlord and his son Nirdesh Sharma are running a factory for manufacturing mobile chargers at Madipur Village, Delhi and which is looked after mainly by Nirdesh Sharma only; vi) that the respondent / landlord is also owner of property No.WZ-254, village Madipur, Delhi, ground floor and third floor whereof are let out and in first and second floors whereof Nirdesh Sharma is running a Gym; vii) th