MITHAN LAL SINGHAL Vs. PANCHAYATI DHARAMSHALA TRUST

JUDGEMENT

(1.) By way of this petition, brought under proviso to Sec. 25B(8) of the Delhi Rent Control Act (hereinafter referred to as 'the Act'), the petitioner/tenant has assailed order dtd. 29/5/2023 of the Additional Rent Controller Delhi, whereby application of the present petitioner for leave to contest the proceedings under Sec. 14(1)(e) of the Act was dismissed and consequently, eviction order against the present petitioner was passed with respect to shop no. 2 (hereinafter referred to as 'the subject premises') on ground floor for the larger premises bearing no.1716/125, Shanti Nagar, Main Road, Tri Nagar, Delhi. On service of notice, the present respondent/landlord entered appearance through counsel. I heard learned counsel for both sides.

(2.) Briefly stated, rival factual matrix and circumstances relevant for present purposes are extracted from record below.

(3.) As reflected from record of the present proceedings, on 17/8/2023 in the course of preliminary hearing, after some arguments, learned counsel for the present petitioner sought adjournment to obtain instructions of his client as regards additional time required by him to vacate the subject premises. On the next two dates, the matter could not reach before the learned predecessor bench. Thereafter, on 31/10/2023 before the predecessor bench learned counsel for the present petitioner submitted that her client is not agreeable to seek time to vacate the subject premises. That being so, the predecessor bench posted the matter for final arguments. I heard the final arguments. During final arguments, learned counsel for the present petitioner simply reiterated the above mentioned factual matrix and contended that the present petitioner deserves leave to contest because the present respondent can always use the other property available to it. On the other hand, learned counsel for respondent/landlord took me through the impugned order, especially paragraph 8 thereof and contended that no triable issue has been raised on behalf of the present petitioner.