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2015 Supreme(Del) 4034

MUKTA GUPTA
Santosh Jain – Appellant
Versus
Praveen Kumar Gupta – Respondent


For the Petitioner:Mr. Kirti Uppal, Sr. Advocate with Ms. Savita Malhotra, Ms. Suman and Ms. Sahiba Pantel, Advocates.
For the Respondents:Mr. Sanjeev Sindhwani, Sr. Advocate with Mr. Sidharth Aggarwal, Advocate.

JUDGMENT :

Mukta Gupta, J.

1. An eviction petition was filed by Smt. Santosh Jain, the Petitioner under Section 14(1) (e) read with Section 25-B of the Delhi Rent Control Act, 1958 (in short ‘the DRC Act’) on 28th September, 2010 for eviction of the tenanted premises in occupation of the Respondents Praveen Kumar Gupta and Manbhav Gupta on the ground that the tenanted premises was required bona fidely for her son who after having established as a lawyer requires the same to set up his law office.

2. In the Eviction Petition No. 139/2010 the learned ARC issued notice on 28th September, 2010. Respondent No. 1, Praveen Kumar Gupta was served by the Process Server through his employee on 13th October, 2010. Respondent No. 1 was also served through the Registered Post but the date was not legible. Since no leave to defend was filed within 15 days of the service of the process on 13th October, 2010 vide order dated 23rd December, 2010, the eviction petition of Santosh Jain was allowed and an eviction order was passed against Praveen Kumar Gupta and Manbhav Gupta directing them to vacate Shop Nos. 4750-51, Plot No. 8, Deputy Ganj, Sadar Bazar, Delhi-110006, that is, the tenanted premises.

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