ARJUN UPPAL Vs. SETH AND SONS PVT LTD

JUDGEMENT

(1.) This revision petition under Section 25B (8) of the Delhi Rent Control Act (for short 'the Act') is directed against the order dated 22.10.2011 of Additional Rent Controller (ARC), North, whereby leave to defend application of the respondent/tenant, in the eviction petition filed by the petitioners, was allowed.

(2.) The petitioners are the joint owners having their respective shares of 3/8th and 5/8th in property bearing No. 1635, 1635A, 1640 to 1648, Shyama Prasad Mukharjee Marg, Delhi-110006. The respondent is tenant in respect of one shop measuring 1208.4 sq.ft. (57'x21'.2") (the tenanted shop), in property bearing Municipal No. 1647, Shyama Prasad Mukharjee Marg, Delhi-6. The petitioner No. 2, who is the father of petitioner No. 1, is a hotelier and has been running his hotel on the first floor and upward floors of these properties. The eviction of the tenanted premises is sought for petitioner No. 1 for his independent business. The averments in this regard, as noted by the ARC from the record are like this:

(3.) The respondent filed leave to defend application raising various issues. The learned ARC taking note of the averments as set up in the petition, leave to defend application as also in reply thereto, recorded finding of facts that the respondent/tenant has been able to make out various triable issues. He, consequently, granted leave to defend vide the impugned order. The same is under challenge in this revision petition filed by the petitioners/landlords.