LAWS(DLH)-2023-3-243

MOHD NASEEM Vs. MOIZUDDN

Decided On March 15, 2023
MOHD NASEEM Appellant
V/S
Moizuddn Respondents

JUDGEMENT

(1.) The present revision petition has been filed by the Petitioner ('tenant') assailing the eviction order dtd. 31/8/2022 passed by the ARC, Central District, Tis Hazari Courts, Delhi ('Trial Court') in RC ARC No. 78246/2016, wherein, post-trial, the eviction order has been passed in favour of the Respondent No.1 ('landlord').

(2.) The Petitioner is seeking to challenge the impugned eviction order mainly on the ground that the Respondent No.1 has failed to prove his bona fide need as well as the fact that the said Respondent has various other suitable alternate accommodations available for his alleged bona fide need.

(3.) The Respondent No.1 is the co-owner of the Property bearing Nos. 673 to 677, Bazar Chitli Qabar, Jama Masjid, Delhi ('subject property'), which was jointly purchased by the Respondent No.1 along with his two brothers namely Qutubuddin i.e., Respondent No.2 herein and Qayamuddin, vide registered sale deed dtd. 20/9/1973. The four (4) shops at the ground floor of Property bearing Nos. 673 to 676 were let out to different tenants, wherein shop No. 673 in the subject property ('tenanted premises') was let out to the Petitioner from where is he running a business of selling Pan, Biri, Cigarettes etc.