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2012 Supreme(Del) 1743

M.L.MEHTA
SURINDER GERA – Appellant
Versus
COL. RAJESH RATAN SETH – Respondent


Advocates Appeared:
Mr. Neeraj Kishan Kaul, Sr. Advocate with Mr. N.K. Sachdeva and Mr. Kapil Rustagi, Advocates.
Mr. Rajiv Nayar, Sr. Advocate, Mr. Ravi Gupta, Sr. Advocate with Ms Reema Kalra, Adv. /Caveator

JUDGMENT

M.L. MEHTA, J.

1. The present revision petition has been preferred under section 25 (B) (8) of Delhi Rent Control Act (for short the ‘Act’) assailing the order dated 24.02.2012 of ld.ARC whereby he dismissed the application of the petitioner seeking leave to defend the eviction petition filed against him.

2. The respondent filed the present eviction petition u/s 14 (B) and 14 (1) (e) r/w Section 25-B of the Act against the petitioner on the ground of bonafide requirement in respect of a room on the barsati floor, measuring 12’ x10’-10 ½ along with one attached toilet (5’4”x6’9”) and kitchen (15’5”x8’4 1/2'”) in premises bearing No. C-36, Defence Colony, New Delhi. The case of the respondent was that the property in question was owned by his father late Col. R.S. Sethi who left behind a Will dated 01.10.1976 wherein he had bequeathed the entire property to the respondent. It was stated that respondent was working as Colonel in the Indian Army and retired on 04.01.2011. The family of the Respondent consists of his wife aged 46 years, a son aged 22 years and a daughter aged 16 years. The respondent along with his family is presently residing in his in-laws house at Chandigarh.

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