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2015 Supreme(Del) 42

MUKTA GUPTA
Moti Mahal Delux-II – Appellant
Versus
Kiran Dutta – Respondent


Advocate Appeared
For the Petitioner:Rajesh Yadav, Ruchira Arora, Dhananjay Mehlawat, Advocates.
For the Respondents:Amitabh Chaturvedi, Ekta Sukhramani, Advocates.

Judgment

Mukta Gupta, J.

1. The grievance of the Petitioner to the order dated 3rd December, 2014 is to the extent that while allowing the amendment application and taking the amended petition on record the Rent Controller granted liberty to the Respondents to withdraw the relief of eviction on the ground of the bona fide requirement and file a fresh petition on the said ground.

2. Learned counsel for the Petitioner contends that the Respondents herein filed a composite petition seeking the relief of eviction of tenanted premises under Section 14 (1) (a) and 14 (1) (e) of the Delhi Rent Control Act, 1958 (in short the ‘DRC Act’). Thereafter the Respondents filed an application under Order VI Rule 17 CPC seeking amendment to the petition by withdrawing the prayer under Section 14 (1) (a) DRC Act. During the pendency of the said application the Respondents filed another application under Order VI Rule 17 CPC seeking withdrawal of the claim in the petition on the ground of bona fide requirement, that is, under Section 14 (1) (e) DRC Act. When the matter came up for hearing before the learned Rent Controller on 3rd December, 2014 the Respondents withdrew their earlier application under O





























































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