High CourtsSingle Bench

YASH PAL SINGH vs SANJAY AGGARWAL

Delhi High Court · Decided on 13 April 2018 · Citation: (2018) 04 DEL CK 0239

HON’BLE JUDGES
JAYANT NATH
ACTS & SECTIONS REFERRED
Delhi Rent Control Act, 1958 — Section 25B(8), 14(1)(e)
RESULT
Disposed Of
CASE NUMBER
RC.REV. 132 of 2016

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Judgment

13 paragraphs · 253 words

JAYANT NATH, J.

1.This revision petition is filed by the petitioner/tenant under Section 25B (8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as the

‘DRC Act’) seeking to impugn the eviction order dated 05.11.2015 passed by the court of Rent Controller.

2.The landlord/respondent let out the property i.e. a shop part of Khasra No. 642, Village Chandrawali, Shahdara, Delhi to the petitioner/tenant. The

respondent filed an eviction petition under section 14(1)(e) of the DRC Act. It was stated in the eviction petition that the premises was required by the

respondent bona fide for his wife who is completely dependent on him for the purpose of her livelihood. It was pleaded that the respondent/his wife

had no other reasonable or suitable commercial premises available except the said tenanted shop for carrying out her work.

3.he respondent/landlord had filed two eviction petitions seeking recovery of possession of two shops. The eviction petition raise identical facts and

issues. The Addl. Rent Controller(ARC) had passed two separate eviction orders dated 05.11.2015.

4.In an identical petition being RC.REV. 131/2016 where the other eviction order dated 05.11.2015 was challenged, the court today has allowed the

revision petition and set aside the eviction order. The facts and issues are common in this case. The two cases were heard together. For the same

reasons as stated today in RC.REV. 131/2016, the present revision petition is also allowed and accordingly the impugned order dated 05.11.2015 is set

aside. All the pending applications, if any, also stand disposed of. Â