JANAK DULARI Vs. SURESH KUMAR

JUDGEMENT

(1.) The petitioner has impugned the order dated 3.5.2006 of Additional Rent Controller, Delhi dismissing the application of the petitioner/landlord under Order 12 Rule 6 of the Code of Civil Procedure seeking an order of eviction under Section 14(1)(f) of Delhi Rent Control Act.

(2.) The petitioner contended that notice dated 5.10.2004 was given on behalf of respondent/tenant by his counsel Sh.Yoginder Gautam contending that the petitioner had constructed the remaining back portion of the shop by putting the lintels and the condition of the tenanted shop has become dilapidated. It was also pleaded that two stones of the chajja upon the chabutara fell on 2.10.2004 due to rains and that the level of back portion of the shop is higher from the floor level of the shop and the level of the tenanted shop is about 1.5 ft lower than the road level. Relying on these conditions of the tenanted premises it was demanded that repairs are necessary in the shop and the petitioner/landlord was asked either to carry out the repairs otherwise the repairs shall be carried out by the respondent/tenant himself. The respondent, however, did not spell out the exact nature of repairs required to be carried out in the premises demised to him and that the repairs could not be carried out without getting the premises vacated from him.

(3.) The petitioner/landlord, thereafter, filed the petition under Section 14 (1)(f) of the Delhi Rent Control Act which is as under:-