LAXMI NARAIN SHARMA Vs. JAWAHAR GOEL

JUDGEMENT

(1.) BY way of the present petition under Section 25B (8) of the Delhi Rent Control Act, 1958 (in short, called the "Act"), the petitioner has assailed judgment and decree dated 14th September, 2012 passed by the Learned ARC whereby an eviction order was passed in favour of the respondent and against the petitioner as well as impugned order dated 18th July, 2011 passed by the learned Addl. Rent Controller whereby the applications moved by the petitioner under Order 9 Rule 13 read with Section 151 CPC and Section 25 -B(9) of the Act, Section 5 of the Limitation Act, Section 151 CPC and Section 144 read with Section 151 CPC were dismissed.

(2.) THE brief facts of the case leading to filing of the present petition are as under : -

(3.) IT is an admitted position that the tenanted premises was let out to the petitioner in the year 1974. Through partition in Suit No.129/79 pending before this Court, the properties were partitioned by metes and bounds and the tenanted premises fell in the share of respondent herein, the petitioner after retiring from business of liver broker of Chandni Chowk, 15 years ago shifted to his native place Jaipur, Rajasthan at House No.98, Nand Puri Colony, Hawa Sadak -22, Godam Jaipur, Rajasthan. The petitioner was using the tenanted premises as guest room for himself and for his relatives who use to come and stay in the tenanted premises.