RC.REV. 50/2022 Page 1 of 19

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 11^th JULY, 2022

IN THE MATTER OF:

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RC.REV. 50/2022 & CM APPL. 15950/2022

MAHESH

..... Petitioner

Through:

Mr. Rauf Rahim, Mr. Ali Rahim and

Mr. Devanshu Yadav, Advocates

versus

CHANDER PRAKASH RISHI

..... Respondent

Through:

Mr. Tanmaya Mehta, Mr. Gaurav

Gaur and Mr. Vivek Gaur, Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

The instant revision petition under Section 25-B (8) of the Delhi Rent

Control Act, 1958 is directed against the Order dated 28.10.2021, passed by

the learned Senior Civil Judge-cum-Rent Controller, South West District,

Dwarka Courts, New Delhi, in R.C. No.19/2020, dismissing the application

for leave to defend filed by the Petitioner herein (hereinafter referred to as

'the Tenant') and consequently evicting the Tenant from the property bearing

Shop No.1133/1, Khasra No.52-53, Haibat Pura, Main Market, Najafgarh,

New Delhi-110043 (hereinafter referred to as „the tenanted premises‟).

2.

Shorn of details, the facts leading to the instant petition are as under:-

i.

It is stated that the father of the Respondent herein, Sh. Chanan

Lal, purchased the tenanted premises in 1964 by way of a

public auction. In the year 1980, Sh. Chanan Lal gave the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002569

RC.REV. 50/2022 Page 2 of 19

tenanted premises to the Petitioner herein (hereinafter referred

to as 'the tenant') on rent from where the Tenant is currently

running a business in the name and style of M/s. Lovely Steels.

After the death of Sh. Chanan Lal, the tenanted premises was

mutated in the name of the mother of the Respondent herein,

namely, Smt. Somawati.

ii.

It is stated that the Respondent herein (hereinafter referred to

as 'the Landlord') became the absolute owner of the tenanted

premises vide a relinquishment deed dated 03.11.1998, which

was executed in his favour by his mother.

iii.

It is stated that on 28.10.2016, the Respondent herein executed

an Agreement to Sell, General Power of Attorney, Possession

Letter and Will in favour of his son, Kapil Rishi, for a total

consideration of Rs.18,00,000/- qua the tenanted premises.

iv.

It is stated that rent in respect of the tenanted premises was paid

by the Tenant till October, 2016.

v.

It is stated that on 18.01.2017, Kapil Rishi, sent a legal notice to

the Tenant demanding rent. It is further stated that Kapil Rishi

filed an eviction petition, being Eviction Petition No.15/2017.

The said petition was sought to be withdrawn by Kapil Rishi on

the ground that there are some technical defects in the petition

and liberty was sought to file a fresh petition with the same

cause of action. The said eviction petition was disposed of as

withdrawn on 24.07.2018 and liberty was granted to Kapil

Rishi to file a fresh petition with the same cause of action.

vi.

It is stated that the second petition, being RC ARC No.33/2018,

was filed by Kapil Rishi. The said petition was also sought to

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002569

RC.REV. 50/2022 Page 3 of 19

be withdrawn on the grounds of technical defects and liberty

was sought to file a fresh petition with the same cause of action.

On 04.02.2019, the said petition was also disposed of as

withdrawn and liberty was granted to Kapil Rishi to file a fresh

petition with the same cause of action.

vii.

It is stated that Kapil Rishi filed a third petition, being RC ARC

No. 5/2019, by stating that he had become landlord/ow