SHASHI BALA JAIN Vs. RAKESH SAPRA

JUDGEMENT

(1.) THIS petition has been filed to impugn the order passed by the learned ARC, Delhi, whereby he has granted leave to defend to the respondent to defend the petition filed under Section 14 (D) read with Section 25 (B) of the delhi Rent Control Act. The learned ARC has granted leave to defend to the respondent by observing that in the application seeking leave to defend the purpose of letting claimed to be residential by the petitioner was under challenge. According to the respondent, the property in question was a shop. The petitioner is the owner of four shops on the ground floor of the building out of which one shop is with the respondent and one other shop is with one Sh. Sanjay Jain, whereas the other two shops are lying vacant and in possession of the petitioner. The learned ARC observed that in the reply filed by the landlord, the averment with regard to the two shops and a hall in occupation of the petitioner lying vacant was not specifically denied. Moreover, there was no reply to the contention of the respondent that a portion of the property on the first floor had been let out for residential purposes to another tenant, whereas the room without any amenities, let out to the respondent was a shop. Yet, the landlady had not sought to evict the said tenant on the first floor and is going after the respondent. Learned counsel for the petitioner is not in a position to dispute the observations of the learned ARC with regard to the pleadings contained in the application filed by the respondent for seeking leave to defend the eviction petition, and the reply thereto by the petitioner. In the aforesaid circumstances, in my view the learned ARC was right in granting leave to defend to the respondent/tenant and I find no infirmity in the impugned order. Dismissed.