ANIL RAJORA Vs. KIRAN DEVI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 23.05.2011 of Addl. Rent Controller (ARC), New Delhi, whereby the leave to defend application filed by the petitioners, in the eviction petition, that was filed against them by the respondent, was dismissed.

(2.) THE respondent Kiran Devi had filed a petition under Section 14(1)(e) of the Delhi Rent Control Act (for short the 'Act') for the eviction of the petitioners from the tenanted premises, forming part of the front portion of shop No. 72-B, Khan Market, New Delhi. The petitioners filed leave to defend application, which came to be dismissed by the learned ARC vide the impugned order, which is under challenge in the instant petition.

(3.) IT is next submitted that the respondent became the owner of the suit premises on 6.3.2007 by virtue of conveyance deed and the present eviction petition filed in August, 2009, is not maintainable, having been filed before the expiry of five years under Section 14(6) of the Act. It is next submitted that the respondent is in occupation of shop No. 66-A in the same market, where she is running her business under the name of M/s. Durga Dass Naval Kishore. It is further submitted that the respondent is in occupation of property bearing No. 63 in the same market, which is also of commercial nature and used by her for composite purposes.