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2017 Supreme(Del) 2051

RAJIV SAHAI ENDLAW
Abdul Hameed Warsi – Appellant
Versus
Abdul Qadar – Respondent


Advocates Appeared:
For the Petitioners: Mr. S.D. Ansari and Mr. I. Ahmed.
For the Respondent: Mr. Saurav Kumar.

JUDGMENT :

RAJIV SAHAI ENDLAW, J.

1. This Rent Control Revision Petition under Section 25-B of the Delhi Rent Control Act, 1958 impugns the order dated 16th November, 2016 of the Additional Rent Controller of dismissal of application filed by the petitioner/tenant for leave to defend the petition for eviction filed by the respondent/landlord for eviction of the petitioner/tenant from Shop No. 1492 on ground floor forming part of property no. 1483-1492, Ward No. XIV, Gali Chuleh Wali, Sadar Nala Road, Pan Mandi, Sadar Bazar, Delhi-110006 and consequently passing an order of eviction of the petitioner/tenant.

2. This petition was entertained and notice thereof issued to the respondent. Vide subsequent, also ex-parte order dated 29th May, 2017, operation of the impugned order was stayed.

3. The counsel for the respondent/landlord appears.

4. The counsel for the petitioner/tenant has been heard at length.

5. The learned Additional Rent Controller in a lucid and well reasoned order has held (i) that there is no merit in the denial by the petitioner/tenant in the application for leave to defend of being in possession of the shop in question owing to having a lien thereon under a building contr




















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