Devender Lal Pipil v. Dr Ranjana Saxena

RAJIV SAHAI ENDLAW, J. SEPTEMBER 13, 2017 "gsr".. (corrected & released on 24th October, 2017)

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 13th September, 2017 + RC.REV. No.337/2017 RAMA WATI GOEL .... Petitioner Through: Mr. Anil Gera & Mr. Ravinder Shekhar, Advs. Versus NARESH KUMAR NANDWANI & ORS. …...Respondents Through: Mr. Harjeet Narang & Mr. K.K. Pahuja, Advs. AND + RC.REV. No.338/2017 DEVENDER LAL PIPIL .... Petitioner Through: Mr. Mohit Bhardwaj, Mr. Gaurav Seth & Ms. Rashmi Bhardwaj, Advs. Versus DR. RANJANA SAXENA …...Respondent Through: Mr. Deepak Tyagi, Adv. CORAM: HON'BLE MR. JUSTICE RAJIV SAHAI ENDLAW 1. RC.REV.No.337/2017 impugns the order [dated 26th December, 2016 in RC ARC No.858/2016 of the Court of Additional Rent Controller (ARC) (East), Karkardooma Courts, Delhi of dismissal of the petition for eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (Rent Act) filed by the petitioner for eviction of the respondents therein at the stage of consideration of the application of the respondents for leave to defend the said petition for eviction. 2. RC.REV. No.338/2017 impugns the order [dated 20th January, 2017 in RC ARC No.789/2016 of the Court of ARC (East), Karkardooma Courts, Delhi, also of dismissal of the petition for eviction under Section 14(1)(e) read with Section 25B of the Rent Act filed by the petitioner for eviction of the respondent therein, again at the stage of consideration of the application of the respondent for leave to defend the said petition for eviction. 3. Both petitions though between different parties and with respect to different properties came up before this Court first on 26th July, 2017 and notice thereof was ordered to be issued for today. The counsels for the respondents / respondent appear and have been heard. 4. The two petitions are being disposed of by this common order since the orders impugned in each of the petition are by the same ARC and further since the reasoning given by the ARC in the order impugned in each of the petition is verbatim identical. 5. RC.REV. No.337/2017 was filed for eviction of the respondents therein from shop at the Ground Floor of property bearing No.IX/1592, Patel Gali, Gandhi Nagar, Delhi pleading i) that the subject shop was let out to the father of the respondents about 40 years back; ii) that the petitioner is in use of the First and Second Floors of the property in which the said shop in the tenancy of the respondents is situated; iii) that the other portions of the Ground Floor are with the other tenants; iv) that the husband of the petitioner has retired from Excise & Taxation Department; v) that one of the sons of the petitioner has died leaving a widow who is also dependent upon the petitioner and residing with the petitioner in the property; vi) that another son of the petitioner along with his wife and two sons is also residing with the petitioner in the property – the said son of the petitioner was doing business from another rented property but "now a days" he is hand to mouth; vii) that the shop in the tenancy of the respondents situated in Gandhi Nagar, Delhi area is suitable accommodation for the said son of the petitioner to run his business; and, viii) that the said son of the petitioner is dependent upon the petitioner for accommodation and is even otherwise not doing any work or business and is unemployed. 6. The respondents in RC.REV. No.337/2017 applied for leave to defend inter alia pleading i) that besides the shop in the tenancy of the respondents, there are two other shops on the front side on the Ground Floor of the property and three other shops on the other side of the property; ii) that the two other shops on the front side had been let out to one Deepak of Laxmi Trading Company about six months back at a rent of Rs.7,000/- per month; iii) that the said shops were earlier in occupation of other tenants who left from time to time; iv) that the shops at the other side of the property were also let out recently to one Prakash who is running business in the name and style of M/s B