LAWS(DLH)-2013-10-258

P I PERUMAL Vs. KAMLESH BANSAL

Decided On October 11, 2013
P I Perumal Appellant
V/S
Kamlesh Bansal Respondents

JUDGEMENT

(1.) THE present revision petition is filed by the petitioner under Section 25B (8) of the Delhi Rent Control Act (hereinafter referred to as "the Act") against the order and judgment dated 16th December 2011 passed by ARC (Central), Tis Hazari Courts, Delhi, dismissing the leave to defend application of the petitioner in respect of 3rd Floor of the property bearing No.7 -A/8, Channa Market, Karol Bagh, New Delhi (hereinafter referred to as "the tenanted premises"). A review application filed against the impugned order was dismissed vide order dated 13th August, 2013.

(2.) THE brief facts are that the respondent filed an eviction petition under Section 14(1)(e) of the Act against the petitioner stating that the tenanted premises i.e. one room and bath on sharing basis situated on the third floor of property bearing No.7 -A/8, Channa Market, Karol Bagh, New Delhi, was let out to the petitioner. The said property had been purchased by the respondent vide sale deed dated 20th September, 2004 from the erstwhile owner. The respondent and her husband had been tenant in certain portions of the property.

(3.) IT was stated in the petition that the demised tenanted premises is being used by the petitioner for illegal purpose besides residential purpose as despite of requests, he had been using the premises for preparing pirated CDs which are being sold at his shop. There were complaints to this effect that he had been making unauthorized copies of the prohibited films. The said illegal and unauthorized activities can attract police raid which may bring bad name to the property as well as to the respondent. Thus, the eviction petition was filed.