ASHOK KUMAR Vs. HARISH CHANDER SAHNI

JUDGEMENT

(1.) This rent control revision petition filed under Section 25B(8) of the Delhi Rent Control Act, 1958 (hereinafter referred to as 'the Act') impugns the judgment of the Additional Rent Controller (ARC) dated 19.11.2013 by which the ARC has dismissed the leave to defend application filed by the petitioner/tenant and has decreed the bonafide necessity eviction petition filed under Section 14(1)(e) of the Act with respect to the suit/tenanted premises being two shops admeasuring 200 sq. ft. on the ground floor portion (garage portion) of the property bearing no.A-38, Ground Floor Vishal Enclave, New Delhi-27 as shown in red colour in the site plan annexed with the eviction petition.

(2.) I must at the outset note that this case has come up for admission on two prior occasions i.e. on 30.5.2014 and on 01.8.2014. On 01.8.2014, it was noted by this Court that this petition impugns the order dismissing a leave to defend application, but neither leave to defend application was filed nor the reply to the leave to defend application was filed before this Court. Obviously, therefore this Court did not have the basic necessary requisite pleadings of the leave to defend application, and therefore this case was adjourned to today. Even today, the petitioner has deliberately not filed the pleadings of the leave to defend application. Be that as it may, since this case has come up on two occasions before and cases cannot come up regularly for admission at the convenience of a litigant, I have asked the counsel for the petitioner to argue the case as per the existing records.

(3.) (i) The eviction petition for bonafide necessity was filed by the respondent/landlord pleading that the suit/tenanted premises were owned by the father of the respondent/landlord and who had let out the suit/tenanted premises to the petitioner/tenant. Father of the respondent/landlord Sh.Pishori Lal Sahni died on 25.7.2006 and between the family members, there was a family settlement on 25.2.2008 as per which the entire ground floor of the property bearing no.A-38, Vishal Enclave, New Delhi-27 came to the share of the respondent/landlord wherein the suit/tenanted premises are located.