SANDEEP KUMAR Vs. NIHAL CHAND

JUDGEMENT

(1.) The present petition has been filed by the petitioner under section 25B(8) of the Delhi Rent Control Act (hereinafter referred to as "the Act") against the eviction order dated 31st January 2012 passed by ACJ-cum-ARC (North) Delhi in an eviction petition filed by the respondent in respect of shop no. 682, Pvt. No. 2-A, Katra Hira Lal, Chandni Chowk, Delhi- 10006 and Chabutra in front of the shop (hereinafter referred to as "the tenanted premises").

(2.) The respondent in the eviction petition had stated that he is the owner of the suit premises and required the tenanted shop for running his whole sale cloth business and that he was not in use and occupation of any other suitable accommodation for his need. It was stated that in absence of the suitable accommodation, the respondent was compelled to run his business from his residence only which was not at all suitable as it is situated at the second floor of the property No.683/676 situated in Katra Hiral Lal, Chandni Chowk, Delhi, having only two rooms in which he had to adjust his business as well as his residence. It was stated that the petitioner is an affluent businessman having multifarious business activities and also having other properties from which he is carrying on other businesses. Leave to defend was granted in the matter.

(3.) In the written statement filed by the petitioner, the title of the respondent to the tenanted premises was contested. It was contended by the petitioner that the residential address given by the respondent in support of his claim was incorrect and he denied that the respondent was carrying on his business activities from his residential premises. The petitioner gave particulars of various properties allegedly used by the respondent to carry out his business activities. The rent agreement executed by his father was denied by the petitioner. The petitioner also denied ownership to the properties mentioned by the respondent.