R.S. CHADHA Vs. THAKUR DASS

JUDGEMENT

(1.) The present Revision Petition has been filed by the Petitioner/tenant impugning the Order dtd. 19/1/2023 passed by the learned Rent Controller (South East District), Saket Courts, New Delhi [hereinafter referred to as "Eviction Order"] in respect to property bearing no. i.e. 416/2, Ground Floor, Jangpura, Bhogal, New Delhi [hereinafter referred to as "demised Premises"]. 1.1. By way of the Eviction Order, the Application for Leave to defend/contest filed by the Petitioner/tenant has been dismissed and the Eviction Petition filed before the Trial Court under Sec. 14(1)(e) [hereinafter referred to as "Eviction Petition"] of Delhi Rent Control Act, 1958 [hereinafter referred to as "the Act"] has been allowed.

(2.) Briefly, the Respondent/landlord filed an Eviction Petition seeking eviction of the Petitioner/tenant from the demised Premises for the bonafide need of the residence for him and his family members.

(3.) By the Eviction Order, the Application was dismissed as no triable issues were raised by the Petitioner/tenant. It was held by the Trial Court that the accommodation in the first and second floor in the building where the demised Premises is located was not yet available to the Respondent/landlord, as the Eviction Orders had only recently been passed and thus, the need of the Respondent/landlord for additional accommodation was bonafide. It was further held that the Respondent/landlord has shown a better title than the Petitioner/tenant and hence, is entitled to an order of eviction.