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2014 Supreme(SC) 725

T.S.THAKUR, R.BANUMATHI
SHANTI DEVI – Appellant
Versus
RAJESH KUMAR JAIN – Respondent


ORDER

R. BANUMATHI, J.

Leave granted.

2. In this appeal, short question falling for consideration is whether the appellant be granted leave to defend the eviction petition filed by the respondents-landlords.

3. Appellant is a tenant in respect of shop premises situated on the ground floor of a property No. 6157, Partap Street, Behind Kothi Bhagwan Dass, Gandhi Nagar, Delhi -110031 since 1988. The appellant has been engaged in carrying on her business (Disco Hair Dresser) in the said premises. The respondents-landlords filed an eviction petition under Section 14 (1) (e) of Delhi Rent Control Act (DRC Act) against the appellant, interalia, on the ground of bonafide requirement to open office-cum-display counter on the main road side to expand their business of cosmetic unit. The appellant filed application under Section 25B (5) of DRC Act read with Section 151 CPC seeking leave to defend the eviction petition. The appellant raised the plea that there is no bonafide requirement and that the respondents have alternative accommodation. The Addl. Rent Controller, Karkardooma Court, Delhi dismissed the application of the appellant-tenant on the ground that the appellant has failed to raise



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