25B(4) of the Act seeking leave to defend, primarily contending that there was no landlord tenant relationship between the parties. The Eviction Petition was not maintainable as the landlords suppressed the Agreement dated 03.05.1993 inter se the erstwhile owners of the subject premises and the erstwhile tenant, i.e. father of the tenants herein whereby the erstwhile owners had received a sum of Rs.3 lakhs, in consideration whereof, the landlords were precluded from filing any Eviction Petition against the erstwhile tenant, i.e. father of the tenants herein as it would be treated as null and void, and that they could only approach the Civil Court, and that too whence the erstwhile tenant, i.e. father of the tenants herein failed to pay rent. As per tenants, the landlords had sufficient alternative accommodation wherein they were residing, they were in physical possession of six shops on the ground floor of property in Turkman Gate, Delhi-110 006, they were also the owners in possession of four shops and a house on the first floor of property in Jamia Nagar, Okhla, New Delhi, as well as three shops on the ground floor along with a constructed residential house above the said shops in Wazirabad, Delhi. Lastly, the landlords merely wanted to extort money from the tenants and re-let the subject premises on higher rent.
