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2010 Supreme(Del) 85

HIMA KOHLI
HOT CHAND – Appellant
Versus
DHANPAT RAI – Respondent


Advocates Appeared
Through: Mr. Pawan Kawrani, Adv.
Through: None.

JUDGMENT

1. The present petition is directed against the order dated 18.07.2009 passed by the learned Additional Rent Controller on a petition preferred by the petitioner/tenant under Section 14 (1)(e) read with Section 25-B of the Delhi Rent Control Act, whereunder an eviction order was passed against him and in favour of the respondents/landlords in respect of the tenanted premises, i.e., one hall on the first floor of premises bearing No.2915/13, Bahadurgarh Road, Teliwara, Delhi-110 006 along with roof thereof and staircase as shown in the site plan (Ex.PW1/1).

2. The petitioner/tenant has assailed the impugned order on two counts. It is firstly argued by the counsel for the petitioner/tenant that the premises in question was admittedly let out for commercial purpose and hence the petition of the respondents/landlords that they require the said premises for their bona fide need of residence, was not maintainable. He urges that as the purpose of letting out the premises was commercial, having failed to seek eviction of the petitioner from the tenanted premises for putting the same to commercial use, the eviction petition was liable to be dismissed.

3. The aforesaid argum








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