KISHAN CHAND Vs. MEERA

JUDGEMENT

(1.) By virtue of the present revision petition, a challenge has laid to the order dated 30.09.2014 passed by the learned Additional Rent Controller-1, (Central), Tis Hazari Courts, Delhi in Eviction Petition No.E-109/12, titled Meera v. Kishan Chand by virtue of which the leave to defend application of the petitioner was rejected and an order of eviction was passed.

(2.) It has been contended by the learned counsel for the petitioner that the order of rejection of leave to defend is being assailed essentially on two grounds. Firstly, that during the pendency of the present petition, the respondent-landlady has been able to obtain eviction order in respect of the front portion of shop No.93, situated in Old Rajinder Nagar, New Delhi on the ground of second default on account of non-payment of rent. Though the appeal against the said eviction order has already been dismissed, it has been stated that the respondent-landlady has still not filed execution petition for retrieval of possession of the front portion but still the said accommodation can be considered to be an alternative suitable accommodation available to the respondentlandlady and consequently, the present order of eviction is bad in law as it has not taken into consideration the availability of an alternative suitable accommodation to the respondent-landlady to carry on her business.

(3.) It has also been stated by the learned counsel that for this very front portion of shop, the respondent-landlady had also filed an eviction petition on the ground of bona fide requirement which has also been allowed, therefore, the respondent-landlady is at a very advantageous position in seeking eviction of the tenant who is in front portion of the shop in question which is almost the same in measurement.