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2010 Supreme(Del) 748

V.B.GUPTA
Viran Wali, W/o Late Sh. Jatinder Nath Gupta – Appellant
Versus
Kuldeep Rai Kochhar, S/o Sh. Brij Mohan – Respondent


Advocates appeared:
Mr. A. S. Chandiok, Sr. Adv. with Ms. Jyoti Mehndiratta, Adv.
Mr. Sudhir Nandrajog, Sr. Adv. with Ms. Saahila Lamba, Adv.

JUDGMENT

V.B.Gupta, J. Present petition has been filed under Section 25B (8) of the Delhi Rent Control Act, 1958 (for short as „Act') against impugned order dated 2nd March, 2010 passed by Rent Controller (for short as „Controller') New Delhi. Vide impugned order, application for leave to defend filed by petitioner was dismissed and eviction order was passed in favour of respondent and against the petitioner.

2. Brief facts are that, respondent is the owner/landlord of one shop with covered verandah on ground floor being part of the property bearing no. C-IV/23, Amar Colony (Market), Lajpat Nagar-IV, New Delhi. Rent deed dated 1.1.74 was executed by the petitioner, whereby tenanted shop was let out to her at a monthly rent of Rs.180/. The shop is being used by the petitioner as general store since inception of the tenancy. Respondent, who is aged about 77 years, had been earning his livelihood by working in the field of sale and marketing of books. He was in employment of M/s India Books Distributors from 1981 to 2000, and worked as a Branch Manager with M/s Teksons Book Shop from 2001 to February 2008. Respondent, who is unemployed since 2008, has gained vast experience in




























































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