SOMNATH CHUGH Vs. VINOD KUMAR CHUGH & ANR

JUDGEMENT

(1.) These two revision petitions are directed against the judgment dated 10.06.2016 of the Additional Rent Controller (ARC) passed on the file of two separate eviction petitions (registered as eviction petitions no. 128/2012 and 127/2012) which were instituted by the respondents (concededly, the landlords) on 28.09.2012 respecting two different tenanted portions, adjoining to each other, situate at ground floor forming part of property bearing no. C-4, Housing Society, Main Gurudwara Road, NDSE Part-I, New Delhi -110049 shown in colour red in the respective site plans filed with each such petition, one in occupation and use of the petitioner of the first captioned case and the other in use and occupation of the petitioner in the second captioned case. There is no dispute as to the fact that each of these petitioners are tenants in respect of said premises, doing their separate businesses.

(2.) It may be mentioned here that the eviction petitions, resulting in two separate judgments being passed on 10.06.2016, were filed on almost identical pleadings by the landlords on the ground of bona fide need under Section 14 (1) (e) of Delhi Rent Control Act, 1958. The grounds on which each petition was resisted by the two tenants herein were also identical. In both the eviction petitions, leave to contest was granted and thereafter a full-dressed trial was held in which evidence was led by each side, the contentions raised, in fact and in law, being identical, and the import and effect of the evidence led being similar.

(3.) The questions of law, as indeed of facts, which have been raised by the learned counsel on both sides, against the above backdrop, at the hearing on these revision petitions, have also been similar, if not identical. Both the petitions having been heard together, in fact the learned counsel for the parties having chosen to refer primarily to the pleadings and evidence in the case from which the first captioned petition arises, it being treated by them as the lead case, these petitions are being decided through this common order.