P I PERUMAL Vs. KAMLESH BANSAL
LAWS(DLH)-2013-10-258
HIGH COURT OF DELHI
Decided on October 11,2013

P I Perumal Appellant
VERSUS
Kamlesh Bansal Respondents


Referred Judgements :-

SARLA AHUJA VS. UNITED INDIA INSURANCE COMPANY LIMITED [REFERRED TO]


JUDGEMENT

MANMOHAN SINGH, J. - (1.)THE present revision petition is filed by the petitioner under Section 25B (8) of the Delhi Rent Control Act (hereinafter referred to as "the Act") against the order and judgment dated 16th December 2011 passed by ARC (Central), Tis Hazari Courts, Delhi, dismissing the leave to defend application of the petitioner in respect of 3rd Floor of the property bearing No.7 -A/8, Channa Market, Karol Bagh, New Delhi (hereinafter referred to as "the tenanted premises"). A review application filed against the impugned order was dismissed vide order dated 13th August, 2013.
(2.)THE brief facts are that the respondent filed an eviction petition under Section 14(1)(e) of the Act against the petitioner stating that the tenanted premises i.e. one room and bath on sharing basis situated on the third floor of property bearing No.7 -A/8, Channa Market, Karol Bagh, New Delhi, was let out to the petitioner. The said property had been purchased by the respondent vide sale deed dated 20th September, 2004 from the erstwhile owner. The respondent and her husband had been tenant in certain portions of the property.
The family of the son of the respondent is residing in a tenanted property in a separate building and is paying the rent. The space available at present with the respondent is not sufficient to meet the minimum requirement of the son. As the said portion does not have bathroom, the respondent needs demised premises to meet the requirement of the family members of her son who is living in a tenanted property. It was also stated in the petition that the petitioner is having residential property in Brampuri of his own which has been given by him on rent. The said fact has not been denied by the petitioner in his reply to the notice issued to him.

(3.)IT was stated in the petition that the demised tenanted premises is being used by the petitioner for illegal purpose besides residential purpose as despite of requests, he had been using the premises for preparing pirated CDs which are being sold at his shop. There were complaints to this effect that he had been making unauthorized copies of the prohibited films. The said illegal and unauthorized activities can attract police raid which may bring bad name to the property as well as to the respondent. Thus, the eviction petition was filed.


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