BISHAN SWAROOP Vs. MANISH SETHI
LAWS(DLH)-2014-2-159
HIGH COURT OF DELHI
Decided on February 26,2014

Bishan Swaroop Appellant
VERSUS
Manish Sethi Respondents


Referred Judgements :-

SUBHASH AND COMPANY VS. KRISHAN LAL [REFERRED TO]


JUDGEMENT

- (1.)By this order, I propose to decide the abovementioned petition filed by the petitioner under Section 25B(8) of Delhi Rent Control Act, 1958 (in short, called the "DRC Act") against the impugned judgment and order dated 15th February, 2013 passed by Sh.Sanjay Bansal, learned Rent Controller and also against the judgment and order dated 21st December, 2011 passed by Sh.S.K.Malhotra, learned Rent Controller in Eviction Petition No.E-90/2011, titled as Sh.Manish Sethi & Others vs. Bishan Swaroop.
(2.)Brief facts of the matter are that the respondents/landlords filed the eviction petition against the petitioner/tenant who was at that time 90 years of age and has been a tenant for more than 65 years in respect of one commercial shop measuring 8 ft. 6 inches x 19 ft. on the ground floor and tin shed on the first floor measuring 8 ft. 6 inches x 19 ft. forming part of the property No.5289, Sadar Thana Road, Delhi-110006 as shown in red colour in the site plan attached with the petition (hereinafter referred to as the "Tenanted Premises").
(3.)The petition for eviction was filed under Section 14(1)(e) read with Section 25B of the DRC Act. Summons as per Schedule III of the DRC Act were issued against the petitioner (respondent in the eviction petition) through ordinary process as well as the registered post. It was observed in the said order that since the application for leave to contest as per Section 25B(4) of the DRC Act was not filed within the stipulated period of time and there was no appearance on behalf of the petitioner/tenant, the eviction petition would be deemed to be admitted by the tenant and that the respondents/landlords were entitled to the order of eviction on the ground of bonafide requirement. Hence, the petition filed by the respondents was allowed and the eviction order was passed in respect of the tenanted premises detailed above. Six months time was granted under Section 14(7) of the DRC Act to the petitioner to vacate the tenanted premises.


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