VANDANA GUPTA Vs. SURENDER KUMAR

JUDGEMENT

(1.) By way of this petition, brought under proviso to Sec. 25B(8) of the Delhi Rent Control Act, 1958, the petitioner/landlord has assailed the order passed by learned Additional Rent Controller, Central District, Delhi, whereby the respondent/tenant was granted leave to contest the eviction proceedings under Sec. 14(1)(e) of the Act. On service of notice, the respondent/tenant entered appearance through counsel. I heard learned counsel for both sides.

(2.) Briefly stated, circumstances leading to the present petition are as follows.

(3.) During final arguments, learned counsel for both sides confined themselves to paragraph 23 of the impugned order, which is the basis of grant of leave to contest, as mentioned above. In the said paragraph 23, broadly speaking the learned Additional Rent Controller accepted the contention of learned counsel for respondent that the garage in property no.2064-2071 which is owned by husband of the petitioner can be used by him as a shop and the vehicles can be parked elsewhere outside, so in that regard a triable issue exists.