SUDHANSU JYOTI MUKHOPADHAYA, RANJAN GOGOI
Anil Bajaj – Appellant
Versus
Vinod Ahuja – Respondent
JUDGMENT :
RANJAN GOGOI, J. –
1. Leave granted.
2. The appellants, who are the landlords, seek to challenge the order dated 20.09.2012 passed by the High Court of Delhi granting leave to the respondent-tenant to contest the proceedings for his eviction under Section 14(1)(e) of the Delhi Rent Control Act, 1958. The order of the High Court is in reversal of the order dated 02.09.2011 passed by the Additional Rent Controller who had refused to grant leave to defend to the tenant.
3. The matter lies within a short compass notwithstanding the elaborate application filed by the respondent-tenant seeking leave duly supported by an affidavit and the detailed manner in which the appellant-landlords had contested the claim of the tenant. Briefly stated, leave was sought by the tenant on the ground that the landlords own several other properties in the vicinity of the tenanted premises from where they are carrying on business or have rented out the same. As such, the tenanted premises i.e. No.38-UB, Jawahar Nagar, Kamla Nagar, Delhi is not bonafide required for the use of the landlords. In response, the landlords contend that the first appellant, Anil Bajaj is running a kiryana shop in premises
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