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2013 Supreme(Del) 1616

MANMOHAN SINGH
Jor Singh – Appellant
Versus
Sanjeev Sharma – Respondent


Advocate Appeared:
For the Petitioner:Ajay Kohli, Ms. Sarvodaya Lakshmi, Advocates.
For the Respondent:Kirti Uppal, Sr. Advocates with C.M. Goyal, Anshumaan Sahni, Advocates.

Judgment :

Manmohan Singh, J.

1. The present petition has been filed by the petitioner under Section 25 B (8) of the Delhi Rent Control Act (hereinafter referred to as “the Act”) against the eviction order dated 8th July, 2012 passed by the Rent Controller (South), Saket Courts, Delhi in favour of the respondent.

2. The respondent had filed an eviction petition against the petitioner in respect of one shop situated on the ground floor of the premises bearing no. C-6, Krishna Park, New Delhi (hereinafter referred to as “the tenanted shop”) on the ground of bonafide requirement under Section 14(1)(e) of the Act. It was contended therein that the tenanted shop was bonafidely required for the elder son of the respondent for running his business.

3. Summons in the said petition were served upon the petitioner in accordance with Schedule III of the Act on 16th March, 2012 as per the report of the process server. However, the petitioner allegedly did not file an application for leave to defend and an affidavit as required under Section 25 B of the Act within the statutory period of 15 days.

4. Consequently, an eviction order was passed in favour of the respondent against the petitioner on































































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