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2024 Supreme(Del) 281

GIRISH KATHPALIA
Charanjeet Singh – Appellant
Versus
Vivek Jain – Respondent


Advocates appeared:
Mr. Inder Bir Singh and Mr. Pratham Arora, Advocates, for the Petitioner.
Mr. A.K. Jain, Advocate along with Respondent in person.

JUDGMENT

Girish Kathpalia, J. - By way of this petition, brought under proviso to Section 25B(8) of the Delhi Rent Control Act, the petitioner/tenant has assailed order dated 23.09.2019 passed by the learned Additional Rent Controller, whereby application of the petitioner/tenant for leave to contest the petition under Section 14(1)(e) of the Act was dismissed and consequently eviction order was passed in respect of mezzanine floor admeasuring 12 feet length x 9 feet width in front and 12 feet width in rear and having a sliced cabin with area 12 feet x 5 feet in the rear partitioned by a brick wall together with the common use of the staircase up to mezzanine floor (hereinafter referred to as "the subject premises") forming part of the larger premises bearing property No. 33A/1, Swadeshi Market, Sadar Bazar, Delhi. On notice of this petition, the respondent/landlord entered appearance through counsel. I heard learned counsel for both sides.

2. Briefly stated, circumstances relevant for the present purposes are as follows.

2.1. The present respondent/landlord, claiming himself to be the owner of the larger premises, including the subject premises as detailed above, filed an eviction pe

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