LAWS(DLH)-2017-7-341

RAVI DUTT Vs. VINITA

Decided On July 31, 2017
RAVI DUTT Appellant
V/S
VINITA Respondents

JUDGEMENT

(1.) This Rent Control Revision Petition under Section 25B(8) of the Delhi Rent Control Act, 1958 impugns the order [dated 9th February, 2015 in E- 2013 (Unique ID No. 02401C0470712013) of the Court of Administrative Civil Judge (ACJ)-cum-Additional Rent Controller (ARC) (Central), Tis Hazari Courts, Delhi] of dismissal of the application filed by the petitioner/tenant for leave to defend the petition for eviction under Section 14(1)(e) of the Act filed by the respondent/landlord for eviction of the petitioner/tenant from a shop in property No.8, Model Basti, Near Filmistan Cinema, New Delhi-110005 and the consequent order of eviction.

(2.) The petition was entertained and notice thereof issued and execution of the eviction order stayed. Vide subsequent order, the continuance of the stay of the eviction order was made subject to payment by the petitioner/tenant to the respondent/landlord, instead of rent of Rs. 25/- per month at which the petitioner was a tenant in the premises, a sum of Rs. 7,500/- per month. On review filed by the petitioner/tenant, the said amount was reduced to Rs. 4,000/- per month.

(3.) The counsel for the petitioner/tenant at the outset states that it is inter alia the case of the petitioner/tenant that the respondent/landlord had agreed to sell the subject shop to the petitioner/tenant; that the petitioner/tenant had instituted a suit for specific performance of the said agreement to sell and which suit was dismissed; that the petitioner/tenant had preferred an appeal and which appeal has been allowed by the ADJ by remanding the matter to the Civil Judge for hearing afresh.