LAWS(DLH)-2012-7-581

SURENDER SINGH Vs. NAND KISHORE

Decided On July 30, 2012
SURENDER SINGH Appellant
V/S
NAND KISHORE Respondents

JUDGEMENT

(1.) THIS revision petition under Section 25-B(8) of the Delhi Rent Control Act (for short the 'Act') is directed against the order dated 9.9.2010 of CCJ-cum-ARC (Central) in Eviction Petition No. 40/2009 whereby the leave to defend was granted to the respondent.

(2.) THE petitioner has filed a petition for eviction against the respondent for the tenanted shop under Section 14 (1)(e) of the Act. The petitioner had claimed himself to be the owner of the tenanted shop by virtue of having acquired the same in family settlement and also a sale deed executed by his brother in his favour. He has sought eviction of the respondent on the ground that the tenanted shop is required for himself as well as his family members, dependent upon him for purpose of doing business of properties and liaisoning. It was averred that he has been carrying this business of property dealer as well as liaisoning in the area of tenanted premises of Sadar Bazar and Paharganj for the last more than fourteen years and has no proper office in the said area to run his business.

(3.) THE learned ARC vide the impugned order granted leave to contest to the respondent observing that he has established a triable issue in questioning the bona fide requirement of the petitioner in the wake of his having concealed and suppressed and being in possession of the aforesaid shop at Bali Nagar.