Delhi High Court
Harish Lamba vs Kashmiri Lal on 28 April, 2015
Author: Mukta Gupta
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ RC.REV. 203/2015
% Decided on: 28th April, 2015
HARISH LAMBA ..... Petitioner
Through: Mr. V.K. Gulati, Advocate.
versus
KASHMIRI LAL ..... Respondent
Through: None.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
MUKTA GUPTA, J (ORAL)
CM No. 7854/2015 (Exemption)
Allowed, subject to all just exceptions.
RC.REV. 203/2015 and CM No. 7855/2015 (Stay)
1. Aggrieved by the order dated 3rd November, 2014 whereby the leave
to defend was granted to the Respondent in an eviction petition filed by the
Petitioner under Section 14 (1) (e) of the Delhi Rent Control Act, 1958 (in
short 'the DRC Act'), the Petitioner prefers the present petition.
2. In the eviction petition, the Petitioner Harish Lamba stated that he was
the owner of property bearing No. E-385 (DS), Ramesh Nagar, New Delhi-
110015 (in short 'the suit property') wherein one corner shop was let out to
Kashmiri Lal. Harish Lamba was having one drawing room, one bed room,
one kitchen, toilet and one study room on the ground floor of the property
where he is residing with his wife and minor daughter aged 13 years who is a
student of 8th standard. Further on the first floor of the premises his son
Munish Lamba, his wife and their minor daughter are residing in two bed
rooms, one store, toilet etc. There is one room on the top floor of the suit
property which is in possession of the tenant. The wife of Harish Lamba
was having one property E-338, First Floor, Ramesh Nagar, New Delhi and
Harish Lamba has no concern whatsoever with the said property. Harish
Lamba has got vacated two other shops in the same building from two
tenants. By eviction of one shop by Munni Devi he has converted his
kitchen by extending a small kothri and the shop got vacated from Ashok
Puri has been converted into the study room for the minor daughter. Due to
paucity of place his relatives etc. cannot visit him and thus he needs the
tenanted premises, which is a shop on the ground floor.
3. In the leave to defend application it was pointed out that Kashmiri Lal,
the Respondent was inducted as a tenant by late Shri Mulakh Raj Lamba and
after his death his daughter in law Pushpa Lamba, that is, wife of Harish
Lamba filed the eviction petition against Kashmiri Lal. Thereafter Munish
Lamba sent a legal notice dated 29th June, 2005 claiming himself to be the
owner of the property. Kashmiri Lal paid the enhanced rent to Munish
Lamba but he failed to issue the rent receipts. Thereafter again notice was
received whereby Harish Lamba asked Kashmiri Lal to tender rent to him. It
is further submitted that the property is still in the name of Smt. Pushpa
Lamba in the revenue records and Harish Lamba was not the owner of the
suit property. In the leave to defend application, it was further stated that the
Petitioner has also filed eviction petition against the three other tenants of the
three shops out of which two shops are lying locked as they were vacated
and in one shop the Petitioner and his son were running the shop of food for
pets.
4. Vide the impugned order the learned Trial Court considered the
available accommodation including two shops lying vacant and that there
was a Flat No. 388, Double Storey, Ramesh Nagar, which was in the name
of wife of Harish Lamba which was adjoining the suit property. Further
Smt. Pushpa Lamba has her own accommodation at Flat No.C-317, First
Floor, Vikas Puri.
5. As noted above in the eviction petition itself the Petitioner stated
about the number of rooms which are available. Prima facie, sufficient
accommodation was available in the suit property where the Petitioner and
his family members were residing. Moreover no material was placed on
record as to how the two shops which were got vacated were used except a
bald assertion. Since the Respondent Kashmiri Lal has raised triable issues
as noted above no illegality can be attached to the impugned order granting
leave to defend.
5. Petition and application are dismissed.
(MUKTA GUPTA)
JUDGE
APRIL 28, 2015
'vn'
