JUDGMENT :

Sanjeev Sachdeva, J.

Rc.Rev. 380/2018 & CM APPL. 31835/2018 (stay)

1. Petitioners impugn order dated 26.04.2018, whereby, the leave to defend application of the petitioners/tenants has been dismissed.

2. Subject eviction petition was filed by the respondent with regard to a shop on Ground Floor of property No.2974, Gali No.41, Beadonpura, Karol Bagh, New Delhi, more particularly, as described in red colour in the site plan annexed with the eviction petition.

3. The petitioner is a tenant paying rent @ Rs.442/- per month besides electricity charges. The respondent landlord filed the eviction petition, inter alia, contending that the respondent is a landlord and owner of the said shop which was leased by Delhi Development Authority in favour of the respondent and his three brothers. One of the brothers relinquished his share in favour of the respondent and his two brothers. Subsequently, by way of a partition of the family properties, the subject property fell to the share of the respondent.

4. It is contended that the property was let out to the petitioner for commercial purposes.

5. Eviction petition was filed in the year 2012. It is alleged in the petition that the wife of the