KUNDAN LAL MAHESH CHAND Vs. PADAM CHAND JAIN

JUDGEMENT

(1.) The present revision petition filed by the petitioner under Sec. 25-B(8) of the Delhi Rent Control Act, 1958 (the "DRC Act") assails the eviction order dtd. 13/11/2018 passed in Eviction Petition No. E-100/15 (new no. 80422/2016). Vide the said order, the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner. Consequently, the respondent has been held entitled to recover possession of the tenanted premises i.e., ground floor portion of the property bearing municipal no. 70, Kucha Sukha Nand Dariba Kalan, Delhi-110006 (the "tenanted premises").

(2.) Notice in the present petition was issued on 13/2/2019. As recorded in the order dtd. 5/11/2019, learned counsel for the petitioner prayed for some time to take instructions with regard to grant of some reasonable time to vacate the tenanted premises. Thereafter, matter could not be taken up. In the meantime, the original respondent/landlord died. The legal heirs of the original respondent were brought on record on 8/4/2021. An application was filed by the respondent seeking disposal of petition in terms order dtd. 5/11/2019 since reasonable time as prayed for by the petitioner on 5/11/2019 had already expired. However, learned counsel for the petitioner submitted that he would like to argue the petition on merits. Accordingly, the record has been perused and respective counsel for the parties have been heard.

(3.) The eviction petition was filed under Sec. 14(1)(e) of the DRC Act on the assertion that the tenanted premises was required for the purpose of bona fide requirement of the respondent, which is set out in the following terms in the eviction petition: -