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.
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 ®ards
Manoj SharmaAsked 10 years ago in Property Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
9 Answers
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
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
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.
A. I have accepted Mr. Harbhajan Singh Thukral's reply and this judgement unequivocally resolves your query.
B. Contact local lawyer for expeditious result.
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.
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.
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
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.
