PRAVEEN KUMAR ARORA Vs. AKSHAY

JUDGEMENT

(1.) This petition challenges the order dated 11.03.2016 passed by the learned CCJ-cum ARC-I (Central) Tis Hazari Courts, Delhi whereby an application for leave to defend of the petitioner was dismissed and an eviction order under Section 14(1)(e) of the Delhi Rent Control Act, 1958 was passed.

(2.) The respondent had filed an eviction petition for recovery of shop No.4700, ground floor, Laxmi Bazar, Cloth Market, Delhi-110006. The reasons for filing the petition are stated in para 18 of the petition as under:-

(3.) During arguments, the learned counsel for the petitioner says the ownership of the petitioner is admitted. However the petitioner has challenged the bonafide necessity of the respondent stating interalia the respondent has an alternative accommodation to start his business and has challenged the eviction petition on yet another ground of concealment on the part of the petitioner since he has been doing his Chartered Accountant's practice since the year 2012 and has no intention to start any business as alleged. However he argues the possession of first floor was obtained by the respondent during the pendency of proceedings of this petition but till July 2015 when the respondent has filed his reply to the leave to defend application, he alleged that he is likely to get possession of the premises though he had already received the possession, hence due to concealment on the part of the respondent, the eviction petition is liable to be dismissed.