Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
SH. NAJMUL ARAFEEN CHAWLA & ANR. – Appellant
Versus
DR. MOHD NAJEEB – Respondent
| Table of Content |
|---|
| 1. petitioners seek eviction order reversal based on prior relationships. (Para 1 , 2) |
| 2. arguments about landlord's need and alternate accommodation. (Para 3 , 5 , 6 , 12) |
| 3. criteria for leave to defend application are established. (Para 7 , 8 , 11) |
| 4. single indivisible tenancy cannot be partially evicted. (Para 9 , 10) |
| 5. order set aside; trial court to assess triable issues. (Para 13 , 14 , 15) |
JUDGMENT :
MANOJ KUMAR OHRI, J.
1. By way of present revision petition filed under Section 25-B(8) of the Delhi Rent Control Act, 1958 (hereinafter, ‘DRC Act’), the petitioners seek to set aside the order dated 05.09.2024 passed by learned ARC-02, Central, Tis hazari Courts, Delhi in Eviction Petition No. RC/ARC No.436/2021 (hereinafter, ‘impugned judgment’) whereby their application seeking leave to defend came to be dismissed.
Notably, the respondent/landlord had filed the eviction petition under 14(1)(e) of the DRC Act in respect of property being Ward No. VI, municipal number 1149-50 (old. no.802A), Gali Chhatta Ibrahim, Haveli Hisamuddin Haider, Ballimaran, Delhi-110006 (hereinafter, referred to as ‘subject premises’).
2. Respondent claimed to be owner and landlord of subjec
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
