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2023 Supreme(Del) 478

SACHIN DATTA
BABU RAM GUPTA – Appellant
Versus
CHANDER PRAKASH – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shiv Charan Garg.
For the Respondent: M.L. Bajaj.

JUDGMENT :

SACHIN DATTA, J.

1. The present revision petitions under Section 25B(8) of the Delhi Rent Control Act, 1958 (the “DRC Act”) assail the impugned judgment/order dated 06.09.2021, passed by the learned CCJ-cum-ARC, Central District, Tis Hazari Courts, Delhi (the “ARC”) in CIS No. E-1104/18. Vide the said impugned judgment, the learned ARC has found that a triable issue arises with respect to landlord’s ownership of the premises in question i.e. Shop No. 8598, (Private No. 8598-B) Plot No. 84 Model Basti, East Park Road, Karol Bagh, New Delhi-110005 (the “tenanted premises”) which requires evidence to be led by the parties. Accordingly, the leave to defend application filed by the respondent/tenant (Chander Prakash) was allowed.

2. The impugned judgment accepts the plea of the petitioner/landlord in the eviction petition with regard to the issue of bona-fide requirement and non-availability of suitable alternative accommodation. It is only with regard to the landlord’s ownership of the tenanted premises, that it was held that a triable issue arises, necessitating grant of leave to defend.

3. R.C. REV. No. 161/2021 has been filed by the landlord whereas the R.C. REV. No. 28/2022

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