GAURI SHANKER Vs. LAXMI CHAND

JUDGEMENT

(1.) The petitioner Shri Gauri Shanker son of Late Shri Ramjit Sahni, the tenant of the respondent Sh. Laxmi Chand in the demised premises comprising of a shop measuring 5.93 square meters situated on the ground floor as shown in the site plan marked as Annexure-A to the eviction petition filed by the respondent herein as the petitioner of the eviction petition bearing No.E-80122/2016, vide the present petition has assailed the impugned order dated 07.10.2017 of the SCJ- cum-RC, Central, THC, Delhi in the said eviction petition, whereby the application of the present petitioner arrayed as the respondent to the eviction petition under Section 25-B(4) of the Delhi Rent Control Act, 1958 (as amended),- was dismissed and an eviction order was passed against the tenant i.e. the petitioner herein qua the suit premises, with it having been directed that the said order would not be executed for a period of six months from the date of the said order in terms of Section 14(7) of the Delhi Rent Control Act, 1958 (as amended).

(2.) It has been contended on behalf of the petitioner herein that substantial triable issues were raised by the petitioner herein, which entitled him to the grant of leave to defend the eviction petition, which had not been properly considered by the learned Rent Controller. The petitioner thus, seeks the setting aside of the eviction order and seeks that he be granted leave to defend the eviction petition submitting to the effect that the eviction petition has not been filed bonafide by the landlord i.e. the respondent to the present petition.

(3.) Submissions were made on behalf of either side by their learned counsel. On 16.04.2018, learned counsel for the respondent/ landlord undertook not to execute the eviction order till the next date of hearing i.e. on 02.08.2018, on which date, submissions were made on behalf of either side and the operation of the impugned eviction order was stayed till the pronouncement of judgment.