Navneet Lal v. Deepak Sawhney

V.B.GUPTA, J. mw

* HIGH COURT OF DELHI: NEW DELHI R.C.R.No. 125/2010 & CM No. 10204/2010 (stay) % Judgment reserved on: 30th September, 2010 Judgment delivered on: 27th October, 2010 Navneet Lal S/o Sh. Hira Nand R/o C-214/E, Ground Floor Street No.8, Majlis Park, Delhi – 110 033 ….Petitioner. Through: Mr. Sudhanshu Batra, Sr.Advocate with Mr. Bhuvan Gugnani, Advocate Versus Deepak Sawhney S/o Mr. Badrinath Sawhney R/o C-45, Nehru Road Adarsh Nagar Delhi – 110 033 ….Respondent Through: Mr. N.N.Aggarwal with Mr. Rohit Gandhi, Advocates. 2. R.C.R.No. 126/2010 & CM No. 10206/2010 (stay) Ram Kumar Bansal S/o Sh. Brahma Nand Gupta R/o D-13/13A, Prithviraj Road Adarsh Nagar (Extension) Delhi – 110 033 ….Petitioner. Through: Mr. Sudhanshu Batra, Sr.Advocate with Mr. Bhuvan Gugnani, Advocate Versus Deepak Sawhney S/o Mr. Badrinath Sawhney R/o C-45, Nehru Road Adarsh Nagar Delhi – 110 033 ….Respondent Through: Mr. N.N.Aggarwal with Mr. Rohit Gandhi, Advocates. CORAM: HON'BLE MR. JUSTICE V.B. GUPTA 1. Whether the Reporters of local papers may be allowed to see the judgment? Yes 2. To be referred to Reporter or not? Yes 3. Whether the judgment should be reported in the Digest? Yes V.B.Gupta, J. By this common judgment, above two petitions filed under Section 25-B (8) of Delhi Rent Control Act, 1958 (for short as "Act") are being disposed of. 2. Vide impugned order dated 30th January, 2010, Additional Rent Controller (for short as "Controller") Delhi, dismissed the applications for leave to contest along with affidavit filed by petitioners/tenants and eviction order was passed in favour of respondent/landlord. 3. Brief facts are that, shops in question situated on the ground floor of property No. C-45, Nehru Road, Adarsh Nagar, Delhi, were let out to the petitioners by respondent for non-residential purposes, of which respondent is the owner. 4. It has been alleged by respondent that earlier suit property was owned by Sh. Purshottam Dass Sawhney and Smt. Bhojwanti Sawhney, grandparents of the respondent. After death of Sh. Purshottam Dass Sawhney, his wife Smt. Bhojwanti Sawhney became the sole owner and landlady of the demised premises. However, on 20/1/2007, unfortunately she also expired and left behind registered will bequeathing the demised suit shops in favour of the respondent. Thus, respondent has become the absolute owner and landlord of the demised shops as he has stepped into the shoes of Smt. Bhojwanti Sawhney. 5. Respondent is living with his family on the first floor of property bearing No. C-45, Adarsh Nagar, Delhi, which consists of three bedrooms, drawing-cum-dining, kitchen, bathroom/WC. On second floor, there is Pooja Room. Respondent"s family consists of himself, his father, mother and a younger sister. His father is an Engineer and is now leading a retired life. Respondent"s father and mother are totally dependent on him financially and also for the purpose of residence. 6. Respondent as well as his younger sister are of marriageable age. Respondent is getting married in the month of June, 2009. Thereafter, he would ever require more space for himself and his wife. His younger sister is planning to get married in the near future. However, due to paucity of accommodation, marriage of respondent and his younger sister is being delayed. 7. Father of respondent is 69 years old and is suffering from various serious ailments. In 2007, respondent"s father was operated for left knee replacement and since then has been unable to walk freely. On 17.2.2008 his father suffered paralytic stroke. He was admitted in Max Super Speciality Hospital, Saket, New Delhi and remained in the hospital for almost ten days. During his hospital stay, he was also detected to be suffering from "Tubercular Synovities" of right knee. Since then he is completely confined to bed and is totally invalid. He requires round the clock care. Due to this paralytic stroke, his speech has also suffered. He has developed severe contracture in both his right and left leg. Due to