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2018 Supreme(Del) 490

R.K.GAUBA
TILAK RAJ KAPOOR (since deceased) substituted by Legal Representatives – Appellant
Versus
NEELAM JAIN – Respondent


Advocates Appeared:
For the Petitioner:Mr. S.S. Jain, Advocate with Mr. Nikesh Jain, Advocate
For the Respondent:Mr. Rohan Kanhai, Advocate

JUDGMENT :

1. The eviction case (E-164/14/11), in which the impugned order dated 15.02.2016 was passed by the additional rent controller (ARC) which is impugned in the present proceeding, was instituted by Tilak Raj Kapoor. The prayer in the said case was for eviction of the respondent, concededly a tenant in a portion described as shop with dimensions of 9 ft x 9 ft., forming part of property described as bearing No.313/73-F, Anand Nagar, Delhi on the ground of bona fide need under Section 14(1)(e) of Delhi Rent Control Act, 1958, the requirement having been described as residential of the petitioner and of members of the family dependent upon him.

2. Having regard to the nature of the prayer made in the eviction case, the ARC applied the special procedure under Section 25-B of the Delhi Rent Control Act, 1958 and in answer to the summons served on the respondent herein, she moved an application seeking leave to contest. The said prayer was granted by the ARC by order dated 15.02.2016, which to the extent relevant, may be extracted thus:-

“It is contended by the respondent that after the death of her husband, the petitioner has been harassing her and even refused to receive the rent.














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