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2018 Supreme(Del) 1373

R.K.GAUBA
Sun N Shade Opticians – Appellant
Versus
Shyam Sunder Budhiraja – Respondent


Advocates Appeared:
For the Petitioner:Mr. H.K. Chaturvedi and Mr. Sagar Chaturvedi, Advocates
For the Respondent:Mr. Pradeep K. Bakshi, Mr. Sachin Setia and Mr. Puneet Khurana, Advocates

JUDGMENT :

CAV 13/2018

1. Since the learned counsel for the caveator has entered appearance, the caveat stands discharged.

R.C. REV. 7/2018 and CM 884/2018 (stay) and CM 885/2018 (Exemption)

2. The petitioners are admittedly the tenants in premises described as shop bearing no.6 in property no.13/9, W.E.A. Ajmal Khan Road, Karol Bagh, New Delhi, admeasuring 9 x 25ft. (hereinafter referred to as the demised property), having been let out originally for commercial purposes by late Sh. Chaman Lal Budhiraja, the father of the respondent, during his lifetime, in favour of Sh. Vidya Sagar Churamani, the father of the second and third petitioners, who stepped into his shoes upon his death. It is not disputed that the respondent has inherited the right, title and interest in the property in question upon the death of the erstwhile owner.

3. The respondent (landlord) had instituted the case (E-416/2017) seeking an order of eviction on the ground of bonafide need invoking clause (e) of sub-section (1) of Section 14 of Delhi Rent Control Act, 1958 primarily on the averments that his son Vineet Bhudhiraja, engaged in legal practice in United Kingdom wanted to come back to India to set up practice h








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