LAWS(DLH)-2023-3-15

BABU RAM GUPTA Vs. CHANDER PRAKASH

Decided On March 10, 2023
BABU RAM GUPTA Appellant
V/S
CHANDER PRAKASH Respondents

JUDGEMENT

(1.) The present revision petitions under Sec. 25B(8) of the Delhi Rent Control Act, 1958 (the "DRC Act"), assail the impugned judgment/order dtd. 6/9/2021, passed by the learned CCJ-cum-ARC, Central District, Tis Hazari Courts, Delhi (the "ARC") in CIS No. E-1104/18. Vide the said impugned judgment, the learned ARC has found that a triable issue arises with respect to landlord's ownership of the premises in question i.e. Shop No. 8598, (Private No. 8598-B) Plot No.84 Model Basti, East Park Road, Karol Bagh, New Delhi-110005 (the "tenanted premises") which requires evidence to be led by the parties. Accordingly, the leave to defend application filed by the respondent/tenant (Chander Prakash) was allowed.

(2.) The impugned judgment accepts the plea of the petitioner/landlord in the eviction petition with regard to the issue of bonafide requirement and non-availability of suitable alternative accommodation. It is only with regard to the landlord's ownership of the tenanted premises, that it was held that a triable issue arises, necessitating grant of leave to defend.

(3.) RC REV. 161/2021 has been filed by the landlord whereas the RC REV. 28/2022 has been filed by the tenant.