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2014 Supreme(Del) 2716

NAJMI WAZIRI
Salazar Luis Anthony Marques (Since Deceased) Thr Lrs. – Appellant
Versus
Mohd. Haroon Japanwala & Ors. – Respondent


Advocates Appeared:
For the Petitioner:Mr. Abhinav Vashisht, Sr. Adv. with Mr. Abhinay, Advocate.
For the Respondent No. 8:Mr. Sandeep Sethi, Sr. Adv. with Mr. Anand Shanker Jha, Advocate.

Najmi Waziri, J.:--

1. The present revision petition filed under section 25-B(8) of the Delhi Rent Control Act (the “Act”) assails an order dated 12.08.2013 passed by the Learned Additional Rent Controller, New Delhi whereby the eviction petition was allowed and consequently an eviction order was passed against the present petitioner.

2. The brief facts of the case are that the premises in question is a shop bearing No. G-41, Marina Arcade, Connaught Circus, New Delhi. The respondent (the “landlord”) filed an eviction petition under section 14(1)(e) read with Section 25B of the Act on the ground that he required the tenanted premises to establish his son’s business in a more suitable location; that the son presently occupied a shop in Aurobindo Market which because of its small size and location was not commercially viable; that the son was dependent on him to open a shop in a more suitable location and that the tenanted premises was most suitable for his requirement. There is no dispute as to the landlord-tenant relationship between the parties and that the tenant has been paying a monthly rent of Rs 732/- excluding all incidental charges to the landlord. Acknowledging that a notice

























































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