NAJMUL ARAFEEN CHAWLA Vs. MOHD NAJEEB

JUDGEMENT

(1.) By way of present revision petition filed under Sec. 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter, 'DRC Act'), the petitioners seek to set aside the order dtd. 5/9/2024 passed by learned ARC-02, Central, Tis hazari Courts, Delhi in Eviction Petition No. RC/ARC No.436/2021 (hereinafter, 'impugned judgment') whereby their application seeking leave to defend came to be dismissed. Notably, the respondent/landlord had filed the eviction petition under 14(1)(e) of the DRC Act in respect of property being Ward No. VI, municipal number 1149- 50 (old. no.802A), Gali Chhatta Ibrahim, Haveli Hisamuddin Haider, Ballimaran, Delhi-110006 (hereinafter, referred to as 'subject premises').

(2.) Respondent claimed to be owner and landlord of subject premises. He claimed that the subject premises were purchased by his parents from Custodian of Evacuee Property Department by virtue of Conveyance Deed dtd. 24/11/1962, whereafter, the same was let out to the father of the petitioners for residential purposes.

(3.) The petitioners, in their application for leave to defend averred that there was no bona fide requirement on part of the respondent to seek eviction from the subject premises as they also had availability of alternate accommodation. They further contended that eviction could not be maintained for partial eviction and claimed trial. In this context, reference was made to previous proceedings between the parties. In other words, it was contended that triable issues existed which would disentitle the respondent from obtaining an eviction order.