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2024 Supreme(Del) 545

GIRISH KATHPALIA
Surinder Kumar Pawan Kumar Through Shri Surinder Kumar (Since Deceased) Through Lrs. – Appellant
Versus
Shri Laxman Das Dhanwaria – Respondent


Advocates appeared:
Mr. J.K. Bhola, Mr. Shashank Kumar, Mr. Mohit Mittal and Ms. Muskan Bhola, Advocates for Petitioner.
Mr. Anand Singh, Advocate, for the Respondent.

JUDGMENT

Girish Kathpalia, J.

1. 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 21.01.2015 of the learned Additional Rent Controller, Tis Hazari Courts, Delhi whereby the eviction petition filed by the respondent/landlord under Section 14(1)(e) of the Act was allowed since despite service of summons in the prescribed format, the petitioner/tenant opted not to file application seeking leave to contest the proceedings. On service of notice of the present proceedings, the respondent/landlord entered appearance through counsel. I heard learned counsel for both sides.

2. Briefly stated, relevant circumstances extracted from pleadings and records are as follows. The present respondent, claiming himself to be the owner and landlord in respect of the shop bearing private No. A (hereinafter referred to as "the subject premises") in the larger premises bearing No. 3506, Beadon Pura, Hardhyan Singh Road, Karol Bagh, New Delhi filed eviction petition against the present petitioner on the ground that he bona fide required the subject premises for his residential use and occupation. The learned Additiona

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