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2023 Supreme(Del) 476

SACHIN DATTA
MOHD SALEEM – Appellant
Versus
ZAHEER AHMAD – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Prateek Gupta, Megha Aggarwal, Shreshtha Mahindroo.
For the Respondent: S.K. Bhalla.

JUDGMENT :

SACHIN DATTA, J.

1. The present revision petition filed under section 25B(8) of the Delhi Rent Control Act, 1958 (the “DRC Act”) assails the order/judgment dated 14.05.2015 passed by the court of Additional Rent Controller, North East District, Karkardooma Courts, Delhi (the “ARC”) in eviction petition No. 31/2014, wherein the ARC had dismissed the leave to defend application filed by the petitioner and had allowed the eviction petition filed by the respondent.

2. The eviction petition was filed by the respondent on the following averments:

    (i) The father of the respondent inducted the petitioner as a tenant in a shop on the ground floor in property bearing no. B-86, New Seelampur Market, Delhi-110053 (the “tenanted shop”). The rate of rent of the tenanted shop was Rs. 2,000/- per month. After the father of the respondent expired on 13.02.2004; the respondent along with his two brothers namely, Sh. Laique Ahmed and Sameem Ahmed, being the legal heirs, became the co-owners/co-landlords of the tenanted shop.

(ii) The respondent along with his family is living on the first floor of the property bearing no. B-86, New Seelampur Market, Delhi-110053, his brother Sh. Laique Ahmed is

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