NARBADA DEVI Vs. KULDEEP KUMAR JAIN

JUDGEMENT

(1.) By way of the present petition filed under Sec. 25-B(8) of the Delhi Rent Control Act, 1958 ("DRC Act), the petitioners/tenants seeks setting-aside of judgment dtd. 3/7/2024 passed by the SCJ-cum-RC, Tis Hazari Courts, Delhi, whereby an eviction order has been passed in favour of the respondent/landlord in respect of shop No.4281, Main Bazar, Paharganj, Delhi; the petitioners also impugn order dtd. 1/3/2025 dismissing the review application filed against judgment dtd. 3/7/2024. For clarity, it may be recorded that the original tenant/Narbada Devi having deceased, the present petition was filed by her legal representatives, namely her two sons.

(2.) Mr. Pradeep Kumar Arya, learned counsel for the petitioners submits, that the respondent had deliberately concealed the availability of suitable, alternate accommodations with him, viz. No. 4279-4283, Main Bazar Paharganj, New Delhi and No. 32, Main Bazar, Paharganj, New Delhi, on which ground alone the eviction petition was liable to be dismissed.

(3.) Mr. Arya draws attention of this court to written statement dtd. 13/5/2019 filed by the petitioners, in which this fact was specifically pleaded; and submits, that while passing the impugned judgment the learned Rent Controller has failed to appreciate that the respondent is guilty of intentional concealment and non-disclosure of the alternate accommodation available with him.