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2014 Supreme(Del) 3051

NAJMI WAZIRI
Rakesh Kapoor – Appellant
Versus
Krishna Pyari (Late Smt. ) Thr Legal Heirs – Respondent


Advocates:
For the Petitioner:Mr. Amit S. Chadha, Sr. Adv. with Mr. Mayank Bughani, Advocate.
For the Respondent:Mr. Vineet Mehta, Advocate.

JUDGMENT :

Najmi Waziri, J.:--

1. This revision petition under proviso to Section 25B (8) of the Delhi Rent Control Act (DRC Act) impugns an order dated 23.04.2013 whereby the petitioner’s (tenant) application for leave to defend was rejected and an eviction order was passed in favour of the respondents (landlords) with the respect to one hall on the ground floor measuring 780 sq ft and one annexe on the first floor measuring 161 sq ft in property bearing No. 8833/2-3, Multani Dhanda, Pahar Ganj, New Delhi-110055 (tenanted premises).

2. The landlords had filed an eviction petition under Section 14 (1) (e) of the DRC Act on the ground of bona fide need. It was the case of the landlords that the tenant was inducted into the tenanted premises through a rent deed at a monthly rent of Rs. 1,200/- for commercial use; that the tenanted premises was lying locked and unused; that they required the tenanted premises bona fide, for themselves and their family members for residence since the existing accommodation available with them was insufficient; that the landlord No. 1 was 90 years old and had undergone hip surgeries, hence, he required the ground floor portion urgently; that landlord No. 2












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