Naresh Khanna v. Saroj Gupta

RAJIV SAHAI ENDLAW, J

AUGUST 28, 2017 "gsr".. (Corrected and released on 3rd October, 2017).

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 28th August, 2017 + RC.REV. 281/2017 & CM No.30865/2017 (for stay) NARESH KHANNA ..... Petitioner Through: Mr. A.K. De, Mr. Rajesh Dwivedi & Ms. Ananya De, Advs. Versus SAROJ GUPTA ..... Respondent Through: Mr. O.P. Aggarwal, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW CM Nos.30866/2017 & 30867/2017 (both for exemptions) 1. Allowed, subject to just exceptions. 2. The applications are disposed of. RC.REV. 281/2017 & CM No.30865/2017 (for stay) 3. This petition, under Section 25B (8) of the Delhi Rent Control Act, 1958, impugns the order [dated 21st January, 2017 in E-25/16 (New No.79739/16) of the Court of Additional Rent Controller-02,Central District, Tis Hazari Courts, Delhi] of dismissal of the application filed by the petitioner / tenant for leave to defend the petition for eviction under Section 14(1)(e) of the Act filed by the respondent and the resultant order of eviction of the petitioner / tenant from Shop No.1404, Gali Jhajjar Wali, Chandni Chowk, near Central Bank of India, Delhi-110006. 4. Notice of the petition was issued and the trial Court record requisitioned and the counsel for the respondent appeared. 5. CM No.30865/2017 has been filed by the petitioner / tenant for stay of execution of the order of eviction. The counsel for the respondent appears. 6. The counsels have been heard on the Rent Control Revision Petition itself. 7. The counsel for the petitioner / tenant has argued i) that the husband of the respondent viz. Mr. O.P. Aggarwal is an advocate and a practitioner of rent laws and has expertise therein and has made a business of buying property in the name of the respondent and then misusing the Delhi Rent Control Act, 1958 for evicting the old tenants in the property and for profiteering therefrom; ii) that the said husband of the respondent has filed several petitions for eviction on the ground of bona fide requirement for some member or other of his family; iii) attention is invited to page 89 of the paper book, being a part of the leave to defend application filed by the petitioner / tenant, and where the petitioner / tenant had pleaded that the respondent and her husband are the owners of built up property No.1699, Dariba Kalan, Delhi-110006; attention is next invited to reply thereto at page 132 of the paper book where it has been pleaded that the respondent or her family members have no concern with property No. No.1699, Dariba Kalan, Delhi-110006 and the petitioner / tenant if so desire can occupy the same and that the husband of the respondent was a tenant on the third floor in the said property and left the same on 30th June, 1990 and shifted to property No.A-34-35, Chanderlok, Mandoli Road, Delhi; attention is next invited to page 178 of the paper book being a letter head dated 15th November, 2000 of the husband of the respondent where one of the address given is "1699, Kucha Jatmal, Dariba Kalan, Delhi-110006 (On Appointment Seat)" and it is argued that the respondent has indulged in falsity and is disentitled from any relief on this ground alone; iv) that the daughters-in-law of the respondent, pleading whose requirement the petition for eviction of the petitioner / tenant was filed, are not dependent upon the respondent and the sons of the respondent are carrying on independent business at a different place; v) attention is next invited to page 132 of the paper book, being reply of the respondent to the application for leave to defend, where it is pleaded that property No.A- 6/8, Gali No.1, Chanderlok, Mandoli Road, Shahdara, Delhi is in a narrow street and the same is in the area of 28 sq. yds. and owned by the "son of law or petitioner where only Ashu Gupta is doing job work to earn his livelihood."; attention is next invited to page 423 of the paper book being order dated 23rd May, 2017 in Case No.E-212/2017 of the Court of ARC, Central District, Tis Hazari Courts, Delhi in another petition for eviction filed by the r