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2021 Supreme(Del) 892

AMIT BANSAL
V. C. Jain – Appellant
Versus
Radha Kishan Poddar (deceased) Through His Legal Heir Jagdeep Poddar – Respondent


Advocates appeared:
Sanjeev Kumar Dubey, Advocate, Manish Gupta, Advocate, Pankaj Gupta, Advocate, Rimpy Gupta, Advocate

JUDGMENT

Amit Bansal, J. - CM No.22826/2021 (for fixing user & occupation charges) in CM(M) 196/2021

1. The present application has been filed on behalf of the respondents no.2 and 3 (landlords) for fixing the user and occupation charges in respect of the rented premises, Shop No.5179-A ad measuring 843 square feet (sq. ft.) located at Lahori Gate, Naya Bazar.

2. The facts relevant for deciding the present application are set out hereinafter. Shop No.5179-A (demised premises) was let out to the petitioner (tenant) at a monthly rent of Rs.300/- vide lease deed dated 20th July, 1990. On 2nd April, 1996, the landlords filed an eviction petition under Section 14(1)(a) of the Delhi Rent Control Act, 1958 (the Act). The Additional Rent Controller (ARC), vide judgment dated 23rd May, 2012, allowed the said eviction petition and the matter was put up for consideration of grant of the benefit under Section 14(2) of the Act to the tenant. The ARC vide order dated 28th July, 2012 granted the benefit of Section 14(2) to the tenant. Both the landlords as well as the tenant filed appeals under Section 38 of the Act before the Rent Control Tribunal (Tribunal); the landlords, against the order dated

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