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2021 Supreme(Del) 1366

AMIT BANSAL
Alka Sachdeva – Appellant
Versus
Neeraj Gupta – Respondent


JUDGMENT

Amit Bansal, J. - The present petition under Article 227 of the Constitution of India impugns the order dated 23rd September, 2021 passed by the Rent Control Tribunal (RCT), Shahdara, Karkardooma Courts, Delhi in RCT Appeal No. 01/2021 to the extent that the use and occupation charges have been fixed @ Rs.270/- per month.

2. The brief facts necessary for deciding the present petition are as follows:

2.1 The eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) was filed on behalf of the petitioner landlord on 15th April, 2015 in respect of Shop C forming part of property bearing No.A-4/4, Ground Floor, Main Road, Krishna Nagar, Delhi-110051 (suit property) in which respondents No.2 to 4 were respondents/tenants, however, respondent No.1 was not a party.

2.2 On 26th September, 2019, the eviction petition filed on behalf of the petitioner was allowed by the Rent Controller and eviction order was passed against the respondents No.2 to 4.

2.3 On 19th July, 2020, the petitioner filed an execution petition before the Rent Controller.

2.4 The said petition was opposed in August, 2020 by the respondent No.1 by filing an application under Order XXXIX Rule








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