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2008 Supreme(Del) 914

SHIV NARAYAN DHINGRA
Krishan Kumar Gupta – Appellant
Versus
Swadesh Bhushan Gupta – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: I.C.Tiwari, Adv.
For Respondents/Defendant: R.K. Jain, Adv.

JUDGMENT

Shiv Narayan Dhingra, J.

1. The petitioner (tenant) is aggrieved by an order dated 27.3.2008 passed by the learned ARC whereby his application under Section 25-B of the Delhi Rent Control Act for permission to leave to contest the eviction petition was dismissed.

.2. The premises consisting of three bedrooms, one store, kitchen, verandah, bath and latrine on the ground floor of the property No. 58, BD Estate, Timarpur, Delhi was let out to the tenant on 1.11.1981. The landlord (respondent) stated his family consisted of himself, his wife, six daughters and one son. He was residing at first floor of the property consisting of three rooms, two stores, kitchen, lobby, bath and latrine and one store on the ground floor. The second floor of the property was in possession of his daughter Smt. Anjali Garg, who was living there along with her son. The son of the respondent/landlord was working in Australia having one son and daughter. His family used to frequently visit India and live with the landlord during that period. The other married daughters also used to visit him with their children and stay in the suit property.

3. The landlord submitted that he was aged 70 years and his












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