Thu. Jan 21st, 2021

Santosh Kumari Mehra Since … vs Om Prakash on 30 June, 2015

2 min read

1. Aggrieved by the order dated 13th January, 2015 whereby leave to
defend was granted to the respondent Om Prakash in an eviction petition
filed by Smt. Santosh Kumari Mehra since deceased, the petitioners legal
heirs of Smt. Santosh Kumari Mehra prefer the present petition.
2. In the eviction petition, Santosh Kumar stated that she was owner of
shop bearing No.4515-A, Arya Samaj Road, Near Hathi Wala Chowk, Karol
Bagh, New Delhi (in short “the tenanted premises”) which consists of a big
hall and had been let out to Om Prakash for commercial purposes initially at
a rent of Rs.480/- per month which was increased 10% by notice dated 20th
April, 2013 and the present rent was Rs.522/- per month. The eviction
petitioner stated that her son Rajinder Prasad Mehra was doing the business

of Surgical Goods and Equipment in the name and style of M/s Vikas
Surgical & Medical Devices as a sole proprietor and the concern was
registered under the Sales Tax Act, Drug Control Department etc. Since
there was no independent place of business, Rajinder Prasad was constrained
to take a basement floor of property No.8-A/30-G, situated at W.E.A. Karol
Bagh, New Delhi on rent and is paying a rent of Rs.19800/- per month. It
was stated that basement was not suitable for running the said business as the
basement was meant for storage of the goods and thus the tenanted premises
which is a shop on the ground floor is required so that Rajinder Prasad can
store the goods and entertain the customers easily. Further grandson of
eviction petitioner namely Hemant Mehra was also doing the business of
surgical goods and equipments in the name and style of Life Line Surgical
Co. as a sole proprietor which was also registered with the concerned
authorities. Hemant Mehra had no independent place of business and thus
he is constrained to keep the goods in one part of the drawing room of the
suit property bearing No. 4515-A, Arya Samaj Road, Near Hathi Wala
Chowk, Karol Bagh, New Delhi which was also being used for residential
purposes by the family of the eviction petitioner. It is stated that other son
of the eviction petitioner Rajeshwar Prasad Mehra was partially disabled
since birth and is completely dependent on Rajinder Prasad, elder son of the
eviction petitioner for his livelihood. The tenanted premises is located in the
prime location, on the front portion of the building and was suitable for
business purposes.

Source: Indian Kanoon

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