• Eviction petition against tenant under section 14 (1)(e) drc act

Dear sir
i have filed eviction petition against tenant under section 14 (1)(e) drc act for requirement of tenanted shop which is situated in janak park  we give rent recipt  to him he is doing bike&scootor repairing work there he also own shop in near by street. the plot is in  name of my mother she is mentally not stable for last 15 years and my father is also a heart petient now my brother is  doing some  odd jobs to for livehood for his family he lived in another house from us i lives with  my parents and right now unemployed we both are married have school going kids.we need  that shop  so we  {me & my brother} can start  our own  trading/business shop one shop is occupied by us and other one is rented.
Earlier i was doing the business of manufacturing of  m/c parts from my rented shop which is also in janak park but now the landlord had filled same case against us  and we had closed down that factory moved to our one shop now the space is insufficient for us to work there we have ind plot in bawana to there are lots of
scurity problem that's way we can not work there.
However ,unfortunately the said manufacturing business had to be closed on account of various constraints and due to heavy losses.
In leave to defend tenant had mentioned that the said business of manufacturing m/c parts is doing well.
I don't have any proof to show that i have closed the business of manufacturing .
Tenant also not submitted any documents to proof it
will it have any adverse affect on the case second what are the chances of shop to be vacant.kindly advice your valuable suggestion on this matter

 Thanks &regards
   Manoj Sharma
Asked 4 years ago in Property Law from New Delhi, Delhi
Hi, tenant has taken such defense before the court and he has to prove before the court that you are doing manufacturing business burden of proof lies on him and you will get the possession of the property  you have to make submission in your evidence that you have doing the business earlier and you have close the business.
Pradeep Bharathipura
Advocate, Bangalore
4561 Answers
204 Consultations

4.5 on 5.0

Any bald statement of the tenant that the need of the landlord is not bonafide is not suffcient to grant him leave to defend. A recent judment of SC  ruled that if a landlord is doing a business and he wants to expand it and needs further space, the tenant cannot question him.  The referred judgment  is Anil Bajaj v Ahuja dated 8th May 14
H. S. Thukral
Advocate, New Delhi
570 Answers
170 Consultations

5.0 on 5.0

1) as pointed out by my learned friend MR Thukral if landlord is doing business and is need of further space for expansion tenant cannot question it . 

2)in addition you should also  harp on the fact that he has another shop in adjoining street wherein he is also doing business . 

3) leave to defend can only be granted when defence raised is real and not sham one . the tenant must make out such a prima facie case raising such pleas that a triable issue would emerge and that  should be sufficient to grant leave. no triable issues have been raised in your case by the tenant
Ajay Sethi
Advocate, Mumbai
46869 Answers
2772 Consultations

5.0 on 5.0

1. It is he who has to prove that your m/c part business is doing well,

2. However, this is a useless legal point raised by your tenant since on the contrary if you can prove that you are in need of space for doing your business which has now been closed for wanyt of space, the case will be in your favour,

3. Talk to your lawyer accordingly.
Krishna Kishore Ganguly
Advocate, Kolkata
18806 Answers
454 Consultations

5.0 on 5.0

A. I have accepted Mr. Harbhajan Singh Thukral's reply and this judgement unequivocally resolves your query.

B. Contact local lawyer for expeditious result.
B.T. Ravi
Advocate, Bangalore
838 Answers
58 Consultations

5.0 on 5.0

You can ask him to evict saying it you need to open a bussiness in the same if the landlord ask for personal purpose tenant is bound to evict e place.
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultation

4.5 on 5.0

The burden of proof lies on the tenant now u only have to wait and make a submission in the court that u need the property for your own personal use and according to DRC act the tenant cannot refuse to give possession to the landlord if he wants the property for his own geniune use.
Swithin Subhashish Lawrence
Advocate, Allahabad
47 Answers
3 Consultations

4.8 on 5.0

It is rightly pointed out by Mr. Thukral if landlord is doing business and is need of further space for expansion tenant cannot question. We suggest you to consult a local lawyer accordingly.
Incase of any further clarification, pls feel free to call
Sudershani Ray
Advocate, New Delhi
192 Answers
42 Consultations

4.6 on 5.0

1. The defence of the tenant that landlord does not require additional space for his business does not hold any ground unless it is supported by documentary evidence. Tenant cannot dictate to the landlord to run his business from a particular place. He cannot decide which place is sufficient for the landlord to run his business.

2. It is for the tenant to place on record proof in support of his claim. You have a good case on merits.
Ashish Davessar
Advocate, Jaipur
23176 Answers
641 Consultations

5.0 on 5.0

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