RAJENDER KANAUJIA Vs. ASHA RANI GUPTA

JUDGEMENT

(1.) The present Revision Petition is filed under section 25-B(8) of the Delhi Rent Control Act, (hereinafter referred to as 'the DRC Act') seeking to set aside the eviction order dated 30.04.2016 passed by the Additional Rent Controller (hereinafter referred to as 'the ARC') under section 14(1)(e) of the DRC Act.

(2.) The respondent/landlord filed an eviction petition against the petitioner/tenant under section 14(1)(e) of the DRC Act regarding property being a shop at ground floor of property bearing No.7, Jor Bagh Market, Block No.172, New Delhi-110 003. The case of the respondent/landlord is that on the ground floor of the said premises, there are two shops, two open spaces, common verandah and common toilet. The property originally belonged to the respondent's father-in-law. The late father of the petitioner was inducted as a tenant one of the shops by the father-in-law of the respondent-Late Sh.Daulat Ram Gupta sometimes in 1957. Presently, the petitioner is in possession of the shop and open space. The last paid rent by the father of the petitioner is Rs. 295/-.

(3.) There is a history of some litigation between the parties. It is the case of the respondent that the petitioner broke the backside wall of the open space in his occupation and placed heavy dry cleaning machinery in the common verandah and a water treatment plant in the open space. The respondent hence filed a suit being CS(OS) No.288/2012 before this court to restrain the petitioner from wrongfully obstructing the peaceful use of the common verandah and toilet. The suit is said to be pending. The Interim orders are said to have been passed in favour of the respondent. On 13.02.2013, it is stated that a fire broke out in the dry cleaning machinery and gutted everything. The respondent also claims that massive loss was caused to the respondent who resides on the first floor of the premises apart from causing great trauma.