NAVEEN PRAKASH GUPTA Vs. DEEPAK AGGARWAL

JUDGEMENT

(1.) This revision petition challenges the impugned judgment dated 09.01.2018 passed by the learned ACJ/CCJ/ARC (West), Tis Hazari Courts, Delhi dismissing an application for grant of leave to defend filed by the petitioner herein and passing of an eviction order. The judgment is being challenged on ground of illegality and it is urged the learned ARC has erred in determining the bonafides of the petitioner.

(2.) The eviction was sought by the respondent /landlord/owner of industrial shed bearing No.55, category III, DSIIDC Industrial Area, Rohtak Road, New Delhi-110041 under the tenancy of the petitioner. The grounds upon which the eviction of the tenant was sought are as under:

(3.) At the outset the learned counsel for the petitioner did not challenge the ownership of the petitioner and his main stress was the respondent does not require the premises bonafide and the issue raised by the petitioner ought to have been treated as a triable issue and the leave to defend should have been granted.