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2025 Supreme(Online)(Del) 47541

IN THE HIGH COURT OF DELHI AT NEW DELHI
PRAVEEN KUMAR RATHOR VS. SIMMI MALHOTRA & ANR.


$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RC.REV. 16/2018 RAM BABU GUPTA .....Petitioner Through: Mr. Kuldeep Gala and Mr. Sumit Kumar, Advs.

Versus RAM SHANKER GUPTA .....Respondent Through: None CORAM:

HON'BLE MR. JUSTICE SAURABH BANERJEE

O R D E R

% 16.12.2025

1. By virtue of the present petition, the petitioner/ landlord seeks setting aside the order dated 12.10.2017 (impugned order) passed by learned ACJ-Cum-ARC-Commercial Civil Judge (South), Saket Court (learned ARC) in eviction petition No.E-6151/2016, by virtue whereof the tenant’s leave to defend application was allowed.

2. Learned counsel for the landlord submits that the application seeking leave to defend of the tenant has primarily been allowed by the learned ARC on two grounds, firstly, that the tenant was able to raise a triable issue with respect to there being no bona fide requirement of the landlord for his son Mr. Pradeep Gupta since the eviction petition had been filed in collusion with one Mr. Mahabir Bansal, to whom the subject premises had already sold by the landlord, and the possession thereof was required to be transferred by the landlord to the said Mr. Mahabir Bansal, and, secondly, that the landlord

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