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2023 Supreme(Del) 5802

JASMEET SINGH
Rajni Bahl (Since Deceased) Thr Lrs – Appellant
Versus
Arun Kumar Nayyar – Respondent


Advocates appeared:
Mr. D.K. Rustagi, Advocate, for the Appellant; Mr Ravinder Sethi, Sr. Advocate with Mr Puneet Sharma, Advocate, for the Respondent.

JUDGMENT

Jasmeet Singh, J. - This is a petition seeking setting aside of the order and judgment dated 28.04.2018 passed by the learned ARC in Eviction Petition No. 6338/2016 under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (hereinafter "DRC Act"), whereby an eviction order has been passed in favor of the respondent-landlord in respect of property bearing Shop No. 1 (measuring 269 sq. ft.), Ground Floor, S-15, Green Park (Main), New Delhi - 110016 (hereinafter referred to as "tenanted premises/Shop No.1").

Background

2. In March 2012, the respondent preferred an eviction petition in respect of the tenanted premises under Section 14(1)(e) read with Section 25-B of the DRC Act for his bonafide need to start a consultancy for himself and a boutique for his wife, Mrs. Neelum Nayyar. It is stated in the eviction petition that the respondent is a qualified engineer and has been doing consultation work post retirement, and he wishes to start his own consultancy work. The respondent's wife is a homemaker but has experience in garment manufacturing and wants to open a boutique. It is further stated that the respondent does not have any other suitable place except for the tenanted prem

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