Sat. Oct 24th, 2020

Kranti Kumar Parakh vs M/S Annraj Narain Dass & Ors on 30 June, 2015

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1. Aggrieved by the order dated 21st April, 2014 whereby the eviction
petition filed by the petitioner under Section 14(1)(e) read with Section 25B
of the Delhi Rent Control Act, 1958 (in short the DRC Act) was dismissed,
the petitioner prefers the present petition.
2. Petitioner Kranti Kumar Parakh filed an eviction petition against the
tenants M/s. Annraj Narain Dass & Ors. and Sukhraj Kumar Kochar through
their legal heirs Kirti Kochar and Kishore Kochar being owner and landlord
of the property on the ground of bonafide requirement of his own. In the
eviction petition it was stated that the suit property i.e H.No. 944, Ward
No.V, Maliwara, Delhi-06 was partitioned among the two owners i.e.
Kundan Lal and Kunju Mal sons of Shadi Lal in the year 1946. Kundan Lal

was survived by the eviction petitioner Kranti Kumar Parakh and Kunju Mal
by his daughter Smt. Indira Rani Bhandari. Thus after the death of their
respective fathers Kranti Kumar Parakh and Indira Rani Bhandari became
the sole successors and owners of the suit property which was with Kundan
Lal and Kunju Mal respectively. The suit property had been let out to the
respondent/tenants for the residence of their visiting outstation customers as
the respondents were cloth merchant (Aadti) and their outstation customers
used to stay in the tenanted premises at night. The first and second floor of
the suit premises were in occupation of Kranti Kumar. As the property had
weakened due to old structure, temporary supports were provided. Since it
was unsafe to live in the said premises, Kranti Kumar shifted to the present
address at Hauz Khas. The tenanted premises comprised of a hall with
pillars in middle, rooms, store together with common use toilet on the
ground floor in the suit property. Kranti Kumar having no other suitable
residential accommodation in the Maliwara vicinity where he has lived for
years wanted the property for himself. Kranti Kumar has been running the
business of trading in stones and jewellery on the first floor of the suit
property but because of his age he cannot climb stairs. He has two sons Lalit
Parakh and Sunit Parakh, both of whom have been living separately in their
properties and Kranti Kumar has no share in the said properties. Further the
relationship between Kranti Kumar’s wife and daughter-in-laws were not
cordial and Kranti Kumar and his wife were desirous to live in their own
house particularly on the ground floor after proper renovation/repair.

Source: Indian Kanoon

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