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2023 Supreme(Del) 479

SACHIN DATTA
KUNDAN LAL MAHESH CHAND – Appellant
Versus
PADAM CHAND JAIN (DECEASED THROUGH ITS LRS. ) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Avinash Kumar Tyag.
For the Respondents: Ajay Gupta, Anant Gupta.

JUDGMENT :

SACHIN DATTA, J.

1. The present revision petition filed by the petitioner under Section 25-B(8) of the Delhi Rent Control Act, 1958 (the ‘DRC Act’) assails the eviction order dated 13.11.2018 passed in Eviction Petition No. E-100/15 (new no. 80422/2016). Vide the said order, the Additional Rent Controller has dismissed the leave to defend application filed by the petitioner. Consequently, the respondent has been held entitled to recover possession of the tenanted premises i.e. ground floor portion of the property bearing municipal no. 70, Kucha Sukha Nand Dariba Kalan, Delhi-110006 (the ‘tenanted premises’).

2. Notice in the present petition was issued on 13.02.2019. As recorded in the order dated 05.11.2019, learned counsel for the petitioner prayed for some time to take instructions with regard to grant of some reasonable time to vacate the tenanted premises. Thereafter, matter could not be taken up. In the meantime, the original respondent/landlord died. The legal heirs of the original respondent were brought on record on 08.04.2021. An application was filed by the respondent seeking disposal of petition in terms order dated 05.11.2019 since reasonable time as prayed for

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