RAJIV KUMAR AGGARWA Vs. KAMLESH AGGARWAL

JUDGEMENT

(1.) The petitioner impugns the eviction order dtd. 12.03.2021 passed by the learned Additional Rent Controller, Tis Hazari Courts, Delhi apropos property bearing number 1233, Ground Floor, Mahal Sarai, Kashmere Gate, Delhi-110006. The tenancy is stated to have commenced in 1947 at a monthly rent of Rs.6.50. The property devolved upon the landlady through successive purchase and inheritance. She sought eviction of the tenant for the bona fide need of herself, her two sons and two daughters. She had disclosed that she has another property: bearing number 1219/35, Mahal Sarai, Kashmere Gate, Delhi which had a shop admeasuring 8'- 6x6 - 0 on the ground floor and a small kothari, one room 12.8" x 6', kitchen, toilet and a chajja at the first floor; that her son, a practicing advocate at Tis Hazari Court, Delhi, did not have a chamber of his own and needed the tenanted premises for starting his law office. On the second floor, there are two rooms, a chajja, another small room, which will be used for his residential purposes. She stated that she had no alternate property available with her at the time of filing the eviction petition.

(2.) The landlady's tenanted property i.e. 1219/35, Mahal Sarai, Kashmere Gate, Delhi was vacated pursuant to subsequent orders passed in another eviction proceedings and keys of the same were handed over in this court on 06.10.2021 in CONT.CAS(C) 512/2021 (Kamlesh Aggarwal v. Smt. Sudha &Ors.). The said order dtd. 06.10.2021 reads thus:-

(3.) The petitioner/ tenant has impugned the eviction order on the ground that at the time of filing of the eviction petition the property bearing number 1219/35, Mahal Sarai, Kashmere Gate, Delhi was available to the landlady. The said contention is incorrect and untenable, in view of the preceding paragraph showing that the said property was made available to the landlady only three weeks ago.