LAWS(DLH)-2018-5-63

VIJAY KUMAR Vs. SEEMA GUPTA

Decided On May 01, 2018
VIJAY KUMAR Appellant
V/S
SEEMA GUPTA Respondents

JUDGEMENT

(1.) The petitioners in each of these revision petitions are admittedly the tenants in premises described as shop in the area of Chitla Gate, Chawri Bazar, New Delhi, under the respondent, the premises described as bearing municipal shop Nos. 684-A in the first captioned petition, No.684-B in the second captioned petition and No.685 in the third captioned petition. The said shops abut each other and form part of a building which includes premises of adjoining municipal properties bearing No.686 and 687 as well. The petitioners are aggrieved by the separate orders passed on different eviction petitions instituted by the respondent, each on the ground of bona fide need under Section 14 (1) (e) of the Delhi Rent Control Act, 1958, the cases having been registered as E.No.119/2015, E.No.122/2015 and E.No.121/2015 respectively.

(2.) Having regard to the nature of grounds on which eviction was sought, the special procedure envisaged in Section 25-B of the Delhi Rent Control Act, 1958 was invoked. These petitioners, upon being served by the summons, had moved applications under Section 25-B seeking leave to contest. The said applications were considered by the additional rent controller (ARC) but dismissed by separate, almost identical orders, passed on 05.07.2016, in the consequence whereof eviction orders were granted in favour of the respondent. It is the said denial of leave to contest and the eviction orders passed which are assailed by the revision petitions at hand.

(3.) The tenant in each case is different, the landlady being common, it having been conceded at the hearing that the grounds on which the latter sought eviction are identical. It was further brought out at the hearing that the grounds on which these petitioners had sought leave to contest were also similarly placed, if not identical, the prime contention urged on their behalf being that the respondent/landlady has not acted bona fide in her pleadings, she being guilty of suppression of facts, there having been concealment of suitable alternative accommodation available for the purposes of which eviction is sought.