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2012 Supreme(Del) 3242

M.L.MEHTA
Gopal Dass & Sons – Appellant
Versus
Dineshwar Nath Kedar – Respondent


Advocates:
For the Appellant :Mr.P.C.Dhingra, Adv. with Mr.P.Choudhury, Adv. For the Respondent: Ms.Kamlakshi Singh, Adv.

JUDGMENT :

M.L. Mehta, J.

1. This revision petition under Section 25B (8) of the Delhi Rent Control Act (for short “the Act”) is directed against the order of Addl. Rent Controller (ARC) dated 28.02.2011, whereby the leave to defend application filed by the petitioner, was dismissed and an eviction order was passed against it.

2. The petitioner is the tenant in respect of one go down on the ground floor in property bearing no.1160, Chhatta Madan Gopal, Maliwara, Chandini Chowk, Delhi-110006 (hereinafter referred to as “the tenanted premises”), which was let out for commercial purpose. The respondent filed an eviction petition under Section 14 (1) (e) of the Act on the ground that the tenanted premises was required by the respondent as well as his son, who was dependant on him, to start their own business. The respondent stated that at the time of letting out the tenanted premises i.e. in the year 1979-80, his son was at a tender age and thus he did not require the said premises. At present, however, his son is 32 years and as he is not employed, the bonafide requirement of the tenanted premises has arisen. It was further submitted by the respondent that he was running a dairy business














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