IN THE COURT OF MR.

VIKRANT VAID: CCJ-ARC-ACJ, SAKET COURT,

SUIT NO.RC/ARC/10/2015
SUIT NO.RC/ARC/11/2015
&
SUIT NO.RC/ARC/12/2015
IN THE MATTER OF:-

K.K.VERMA : PETITIONER

VERSUS

KANWAL JEET SINGH : RESPONDENT

ADDITIONAL AFFIDAVIT IN LIEU OF EXAMINATION IN CHIEF OF PW2

I, Ravi Verma, aged about 54 years S/o Sh. K.K. Verma R/o 154-A, Pocket

C, Sidhartha Extension, New Delhi, do hereby solemnly affirm and state as

follows;

1. I say I am the son of the Petitioner in the above eviction petitions and I

am well conversant with the facts and circumstances of the case and

competent to file this affidavit.

2. I say that I am the landlord of the non residential premises bearing

No.1634-E, Street no.14, Govindpuri, Kalkaji, Delhi-110019 in which 3

rooms in the ground floor of the said building is in the possession of the

Respondent/Tenant. The shop No.1 entrusted to the Respondent

without executing any written agreement on 01.04.1986. The rent was

fixed as Rs.300/- excluding the electricity charges at the time of

entrustment and the same being enhanced in every 3 years by 10%.

Site Plan of the suit property of shop No.1 is exhibited as Exhibit

PW2/1.

3. I submit that Shop No.2 was entrusted to the Respondent on

15.04.1987 without executing any written agreement fixing a monthly

rent of Rs.350/- excluding the electricity charges and the same being
 enhanced by 10% in every 3 years. Site Plan of the suit property of

Shop No.2 is exhibited as Exhibit PW2/2.

4. I submit that Shop No.3 was entrusted to the Respondent on

11.04.1993 without executing any written agreement fixing a monthly

rent of Rs.600/- excluding the electricity charges and the same being

enhanced by 10% in every 3 years. Site Plan of the suit property of

Shop No.3 is exhibited as Exhibit PW2/3.

5. I submit that after taking the Shop No.3, without my father’s consent,

the Respondent demolished the internal walls of the shop rooms and

thus converted into a single shop room. The respondent then started

paying a consolidated rent of Rs.3461/-.

6. It is submitted that my deceased father was running trade of selling

and repairing of sewing machines on the first floor of the same

premises. It is submitted that the portion on the first floor where I am

running my deceased father was running business is very small

measuring about 100 sq. ft.

7. I submit that the tenanted premises are bonafidely required by me for

the purpose of occupation of commercial activity of repairing and

selling of sewing machine for me. I further submit that I do not have

any other suitable premises in our possession for accommodating our

business.

8. I further submit that earlier I was assisting my deceased father partially

as I was taking training for the same trade from M/s Dutta Industrial

Sewing Machine Corporation, ED 106, Tagore Garden, New Delhi-

110027 and I completed my training before the institution of the

present petitions and joined to work fulltime with my father. The

Certificate dated 10.04.2012 issued by Dutta Industrial Sewing

Machine Corporation is Exhibited as Exhibit PW 2/4.

completed his graduation in 2013. Since then he was working with me.

But now he has started his own business in separate Shop at non

residential premises bearing No.1634-D, Street no.14, Govindpuri,

Kalkaji, Delhi-110019.

10. It is submitted that now the business has considerably increased

and now 3 persons are working in a small space. Considering the

volume of business now we are doing at least we are in requirement of

additional space of 500 sq ft. There are no other vacant premises

available with us and tenanted premises is a suitable premises for

expanding our existing business for the reasons that we are already

doing the same business in the first floor and the area is also suitable

considering the nature of business.

11. I further submit that the Respondent had already purchased

premises measuring approximately 200 sq. ft. on the ground floor of

the building bearing No.1624/14, Govindpuri, Kalkaji, New Delhi which

is opposite to the tenanted premises and he is using the same for

selling and repairing of sewing machines under the name and style of

“KANWAL MACHINE HOUSE”. I further submit that the Respondent

practically not doing any business in the tenanted premises and

keeping the same only for the harassing me. Photographs of

“KANWAL MACHINE HOUSE” at 1624/14, Govindpuri, Kalkaji, New

Delhi is exhibited as Exhibit PW2/5 (Series). Copy of the Electricity Bill

of “KANWAL MACHINE HOUSE” at 1624/14, Govindpuri, Kalkaji, New

Delhi is exhibited as Exhibit PW 1/6.

12. I submit that I have issued legal notice dated 09.12.2013 to the

Respondent stating the facts mentioned above and demanded the

vacant possession of the tenanted premises by 31.01.2014, which is

and instead he caused to issue a Reply notice dated 20.12.2013

raising false and untenable contentions. True copy of the lawyer

notices dated 09.12.2013 issued on behalf of the petitioner to the

Respondent are Exhibited as Exhibit PW 1/7 to Exhibit PW 1/9. The

reply notice issued on behalf of the respondent are Exhibited as

Exhibit PW 1/10 to Exhibit PW 1/12.

13. I state the Respondent is not heeded to the genuine demand of

vacating the premises for the purpose of bonafide need of additional

space, left with no other option the I filled these Petition for eviction of

the 3 rooms.

14. That the Respondent herein is defending the petition without any

bonafides or any valid ground. All the contentions raised in the

Application for Leave to Defend and Written Statement are baseless

and frivolous.

15. I submit that the allegation in the Written Statement regarding

the property number of the tenanted premises is absolutely incorrect.

The property number of the tenanted premises mentioned in the

eviction petition is correct one. Earlier the property was family property

of the Petitioner and number was 1634. Later the same was divided

among the 5 brothers and each portion allotted to each brother. The

tenanted premises were allotted to petitioner and thereafter number of

the property is 1634-E.

16. I submit that the respondent dishonestly pleading that I am not

the owner of the property. I am the absolute owner of the property and

also the landlord of the property. The Respondent is stopped from

making such untenable contentions once the Respondent admits the

rent receipts issued by the petitioner.

17. It is submitted that the fact that I am the landlord of the tenanted

premises cannot be disputed by the respondent as he has atoned with

me and is paying rent to me.

18. I submit that there is no concealment by me in the petition as

alleged. There are no suitable premises available in my possession

which is suitable for the purpose of need set up by him in the suit. I

submit that even if I am in the possession of some other properties in

faraway places, which will not suit for my present requirement.

19. I submit that my business is growing and it is difficult for me to

decide how I should expand my business and the tenant cannot dictate

terms upon the landlord in this regard.

20. That is respectfully submitted that considering the facts and

circumstances mentioned above this Hon’ble Court may be pleased to

allow the petition.

DEPONENT

I, Ravi Verma, the above named deponent to hereby verify that the

contents of para 1 to 20 of the above Affidavit are true and correct to

my knowledge and belief and the same is correct. Nothing material has

been suppressed therfrom.

Verified at New Delhi on this 19 September 2019

DEPONENT

NEW DELHI

19.09.2019