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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 19^th January, 2026 Pronounced on: 8^th April, 2026 + RC.REV.248/2020 & CM APPL. 30325/2020 VED PRAKASH .....Petitioner Through: Mr. Rajat Aneja, Mr. Saubhagya C.

and Mr. Rishabh Mishra, Advocates.

versus M/S GAY DRY CLEANERS & ANR. .....Respondents Through: Mr. Amit D. and Mr. Sohan Singh Rawat, Advocates.

Mr. Ashutosh and Mr. Hema Singh, Advocates for R-2(iii).

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA, J.

1. The present petition under Section 25B (8) of the Delhi Rent Control Act, 1958, seeks the following prayers: -

“It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to set aside the impugned Judgment dated 31.10.2019 passed by the Court of Shri Sachin Sangwan, Additional Rent Controller (South), Saket Courts, New Delhi in the Eviction Petition bearing RC/ARC No. 6399/16 filed by the Petitioner/Landlord, titled “Ved Prakash Vs M/s Gay Dry Cleaners and Another”, in respect of the Shop bearing No. 438 comprising of the Ground Floor, First Floor and Second Floor, Leela Ram Market, Masjid Moth, New Delhi – 110049; and to allow the Eviction Petition of the Petitioner by passing an Eviction order against the Respondents in terms of the Prayer made in the Eviction Petition, in the light of the facts and grounds explained hereinabove.

Any other relief, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the present case, be also passed in favour of the Petitioner and against the Respondents.”

2. The present petition assails the impugned judgment dated 31.10.2019, passed by the learned Additional Rent Controller, South District, Saket Courts (hereinafter referred to as the “learned ARC”) in RC ARC No. 6399/2016 (hereinafter referred to as the “eviction proceeding/eviction petition”) whereby the eviction petition filed by Sh. Ved Prakash (hereinafter referred to as the “Petitioner”) against M/s Gay Dry Cleaners and its managing partner, i.e., Ms. Aruna Malhotra (hereinafter collectively referred to as the “Respondents”) was dismissed.

3. At the very outset, it is pertinent to note that during the pendency of the present petition, Respondent No. 2, i.e., Ms. Aruna Malhotra, had passed away on 01.04.2022 and was survived by three legal heirs (LRs). On an application, CM No.20934/2022, filed on behalf of the Petitioner, seeking impleadment of her legal representatives, the said LRs of Respondent No. 2 were impleaded in the present petition vide order dated 13.03.2023 passed by learned Joint Registrar (Judicial), only for the purposes of representing the deceased Respondent No. 2 in the present proceedings, and the amended memo of parties was taken on record.

4. Relevant facts, as stated by the Petitioner, necessary for adjudication of the present petition are as under: -

i. The Petitioner had preferred the eviction petition before the learned ARC, seeking eviction of the Respondents from Shop No. 438, Ground Floor, Leela Ram Market, Masjid Moth, New Delhi, 110049, (hereinafter referred to as the “tenanted premises”). The tenanted premises forms part of Shop No. 438, Leela Ram Market, Masjid Moth, New Delhi, 110049, comprising of ground floor, first floor and second floor (hereinafter referred to as the “subject premises”)

ii. The Petitioner is the owner of the subject premises and he had let out the ground floor of the subject premises, i.e., the tenanted premises, to the Respondents vide rent agreement dated 30.01.1987 at a monthly rent of INR 500/-, excluding water and electricity charges, and a lease deed dated 18.07.1987 was also executed for a period of 5 years and on mutual consent of the parties INR 700/- rent was decided excluding water and electricity charges. It was further agreed that the rent of the tenanted premises will be increased by 10% and after every 5 years, a fresh lease deed will be made, but the Respondents had never executed the same even after the expiry of the said lease deed;

iii.On 01.06.1