PREM KUMAR Vs. ABHIMANYU ARORA

JUDGEMENT

(1.) The present petition challenges the impugned order dated 22nd January, 2020, by which the leave to defend sought by the Tenants i.e. the Petitioners herein, in the Petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter, 'DRC Act/the Act'), has been rejected by the ld. Additional Rent Controller (hereinafter, 'ARC').

(2.) The facts of the case are that on 3rd August 2009, the Petitioners' father i.e. Shri Ram Sunder Gupta was inducted as a tenant by the Respondent at the ground floor of the property bearing no 855-1A, Tilak Gali, Kashmere Gate, Delhi (hereinafter, 'tenanted premises'). The premises is a shop. The current Petitioners are the legal heirs of Late Shri Ram Sunder Gupta.

(3.) An eviction petition was filed on 24th November, 2018 under Section 14(1)(e) of the DRC Act by the Respondent/Landlord on the ground of requirement of additional space for operating his business of radium and film rolls. The business is currently being carried on from the adjoining shop to the tenanted shop and the landlord had a shortage of space. The Tenants filed their leave to defend application under Section 25(B) of the Act. After pleadings were completed, the ld. ARC, by the impugned order dated 22nd January, 2020 rejected the leave to defend application made by the Tenants, and gave 6 months' time to them to vacate the suit property i.e. the tenanted premises. The operative portion of the ARC order reads as under: