Delhi High Court
Chander Bhan Dass vs Surender Pal Singh on 6 April, 2015
Author: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 412/2014
% Decided on: 6th April, 2015
CHANDER BHAN DASS ..... Petitioner
Through: Mr. R.S. Sharma, Advocate.
versus
SURENDER PAL SINGH ..... Respondent
Through: Mr. S.C. Singhal, Advocate.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J (ORAL)
Caveat No. 1146/2014
Counsel for the Respondent/caveator enters appearance. Accordingly
caveat stands discharged.
CM No.21207/2014 (Exemption)
Allowed, subject to all just exceptions.
RC.REV. 412/2014
1. The Petitioner prefers the present petition against the order dated 29th
September, 2014 whereby leave to defend was granted to the respondent in
an eviction petition under Section 14 (1) (e) of the Delhi Rent Control Act,
1958 (in short 'the DRC Act') filed by the Petitioner.
2. The Petitioner Chander Bhan Dass filed an eviction petition stating
that Surender Pal Singh was a tenant in one shop No.4569, Main Bazar,
Paharganj, New Delhi on the ground floor including the built up portion of
the first floor of the said shop at the Main Bazar, Pahar Ganj, New Delhi.
Chander Bhan Dass was the landlord/owner of the premises after grant of
probate/letter of administration by the order of this Court by virtue of a Will
of late Mahant Manohar Dass. According to Chander Bhan Dass he required
the tenanted premises to meet out the expense of Sadhu Samaj Seva by
starting the business of selling spiritual books and other allied stationery
material at the tenanted premises as he was not having any other suitable,
reasonable accommodation for his livelihood, as presently he was facing
hardship for his survival and also for the survival of his family members.
Hence he requires the tenanted premises for his bonafide need for the
survival of himself and his family members and also for meeting out the
expenditure of the Sadhu Samaj Seva as per the wishes of his Guru late
Mahant Manohar Dass. Chander Bhan Dass stated that he had another
accommodation at 5527, Shora Kothi, Paharganj, New Delhi which was
occupied by various tenants and situated in the inner side of the locality and
thus could not be used for commercial purpose.
3. In the leave to defend application Surender Pal Singh stated that late
Mahant Manohar Dass left behind another property No. 5524-5531, Shora
Kothi, Paharganj, New Delhi which consisted of ten shops and 22 rooms out
of which four shops and eight rooms were in the possession of Chander
Bhan Dass and were lying vacant. Chander Bhan Dass had filed another
eviction petition against Ram Nath Sharma and got vacated one shop, two
rooms, kitchen and bathroom which were also lying vacant and were in
possession of Chander Bhan Dass. Chander Bhan Das had issued notices to
other tenants namely, Rahul Jain, Vinod Kumar and Akhil Jain for vacation
of the tenanted premises. The Will executed by late Mahant Manohar Dass
ordained Chander Bhan Dass that he will not sell, alienate or mortgage the
suit property but was entitled to receive the rent from the tenants and utilize
the premises for the services of Sadhus of Kabir Panth and not for himself or
for his dependant family members.
4. In view of the pleas of Surender Pal Singh with regard to availability
of other commercial accommodation at property No.5524-5531, Shora
Kothi, Pahar Ganj, New Delhi and as to the different pleas taken by Chander
Bhan Dass in different eviction petitions stating different use, he wanted to
put to the various commercial premises, the Court granted leave to defend.
5. The grounds on which the leave to defend have been granted, that is,
availability of the other accommodation and as to which business Chander
Bhan Dass wants to run cannot be said to be not triable issues. Further
whether Chander Bhan Dass could use the said properties for his personal
use or for Sadhu Samaj Seva is also an issue that is required to be
considered. Hence I find no merit in the present petition.
6. Petition is dismissed.
(MUKTA GUPTA)
JUDGE
APRIL 06, 2015
'vn'
