Amit Kumar v. Kanta Vadhera & Anr

RAJIV SAHAI ENDLAW, J. NOVEMBER 15, 2017 "bs".. (Corrected & released on 30th January, 2018)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 15th November, 2017. + RC.REV.68/2015 & CM No.2539/2015 (for stay) RAVINDER JEET SINGH (DECEASED) THROUGH LR ..…..Petitioner Through: Mr. Padamkant Saxena, Adv. Versus KANTA VADHERA & ANR ..... Respondents Through: Mr. A.K. Singla, Sr. Adv. with Mr. Rahul Shukla, Adv. AND + RC.REV.69/2015 & CM No.2541/2015 (for stay) RAVINDER JEET SINGH (DECEASED) THROUGH LR ..…..Petitioner Through: Mr. Padamkant Saxena, Adv. Versus KANTA VADHERA & ANR ..... Respondents Through: Mr. A.K. Singla, Sr. Adv. with Mr. Rahul Shukla, Adv. AND + RC.REV.362/2016 & CM No.26116/2016 (for stay) AMIT KUMAR ..... Petitioner Through: Mr. Mukesh Anand, Adv. Versus KANTA VADHERA & ANR ..... Respondents Through: Mr. A.K. Singla, Sr. Adv. with Mr. Rahul Shukla, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. These Rent Control Revision Petitions, all under Section 25B(8) of the Delhi Rent Control Act, 1958, by three tenants of the respondents/landlords, impugn the orders of dismissal of the applications filed by the petitioners/tenants for leave to defend the petitions for eviction filed by the respondents/landlords under Section 14(1)(e) of the Act for eviction of the petitioners from the shops in their tenancy under the respondents/landlords. 2. RC.REV. No.68/2015 and RC.REV. No.69/2015 impugn the orders both dated 14th October, 2014 in E-485/14/13 and E-485/14/13, both of the Court of Additional Rent Controller (ARC) (Central), Tis Hazari Courts, Delhi and the consequent order of eviction of the petitioner therein from shop No.2296-B and shop No.2296-C respectively, at Chatta Punjabian, Bahadurgarh Road, Delhi-110006. 3. RC.REV. No.362/2016 impugns the order, also dated 14th October, 2014 in E-489/14/13, also of the Court of ARC (Central), Tis Hazari Courts, Delhi and the consequent order of eviction of the petitioner therein from shop No.2298-B, Chatta Punjabian, Bahadurgarh Road, Delhi-110006. 4. The petitions were entertained and notice thereof ordered to be issued and subject to the petitioners in RC.REV. Nos.68/2015 & 69/2015 paying user charges to the respondents/landlords @ Rs.9,000/- per month and Rs.7,000/- per month respectively, from the date of the eviction order, the eviction of the petitioners/tenants therein stayed during the pendency of those petitions. However, in RC.REV. No.362/2016, the execution of the order of eviction of the petitioner/tenant therein was stayed without providing for payment of any user charges. 5. While RC.REV. Nos.68/2015 & 69/2015 have always been taken up together, on RC.REV. No.362/2016 being filed, though belatedly, all the three petitions are being listed together. 6. The counsel for the petitioner/tenant in RC.REV. Nos.68/2015 & 69/2015 and the counsel for the petitioner/tenant in RC.REV.No.362/2016 and the senior counsel for the respondents/landlords in all the three petitions have been heard. 7. The respondents/landlords filed petitions for eviction with respect to all the three shops subject matter of the three petitions on the same facts and which are as under: (i) that the tenant in Shops No.2296-B and 2296-C (subject matter of RCR No.68/2015 and RCR No.69/2015) as well as the tenant in Shop No.2298-B (subject matter of RCR No.362/2016) are old tenants, with the rent of the shop subject matter of RC.REV. No.68/2015 being Rs.20/- per month, rent of shop subject matter of RC.REV. No.69/2015 being Rs.30/- per month and the rent of shop subject matter of RC.REV. No.362/2016 also being Rs.20/- per month; (ii) that the shops subject matter of RC.REV. Nos.68/2015 & 69/2015 are without any electricity connection and are used by the petitioner/tenant for dumping waste and useless articles; the petitioner/tenant therein is otherwise carrying on his business from shop No.2308-09, 2217-B, Teliwara, Sadar Bazar, Delhi-06 and has employed more than 20 employees in the said premises; that though shop subject matter of RC.REV. No.362/2016 has an electricity