RC.REV. 141/2022 Page 1 of 9

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 11^th JULY, 2022

IN THE MATTER OF:

+

RC.REV. 141/2022

SAIN MAHASABHA NARAINI DHAM REGD ..... Petitioner

Through:

Mr. Rajeev Ranjan Pandey, Mr.

Mohan, Advs.

versus

NARAYAN DASS

..... Respondent

Through:

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

The instant revision petition is directed against the order dated

05.02.2020, passed by the learned Rent Controller, West District, Tis Hazari

Courts, Delhi in RC/ARC No. 26155/2016, allowing the application filed by

the Respondent herein (hereinafter referred to as 'the Tenant') for leave to

defend.

2.

The facts, in brief, leading to the instant petition are as under:

i.

It is stated that the Petitioner/Organization (hereinafter referred

to as 'the Landlord') is a registered religious society and

organizes various religious functions for the upliftment of the

general public such as Mata ki Chowki, Bhagwat Katha, Sain

Jayanti, Krishna Janamashtmi, Maha Shiv Ratri and Holi etc in

the main hall of the aforesaid society. It is stated that the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002575

RC.REV. 141/2022 Page 2 of 9

Petitioner/Organization is the owner of Shop No. 1

admeasuring 10 x 20 (hereinafter referred to as 'the tenanted

premises) situated on the ground floor of Sain Mahasabha

Narain Dham, Sain Bhagat Shiv Mandir, Narayani Dham, F

Block, Hari Nagar, Ghanta Ghar (Tihar), New Delhi – 110064

which was let out to the Respondent herein/Tenant @ Rs.

1,320/- month excluding electricity and water charges and for

commercial purposes only.

ii.

It is stated that the Landlord requested the Tenant to vacate the

tenanted shop as the Society did not have sufficient space and,

therefore, it required the said shop to be demolished in order to

expand the hall area to accommodate the people who wished to

attend the religious functions. It is stated that the requirement is

bona-fide and urgent. It is stated that vide legal notice dated

03.02.2016, the Tenant was asked to vacate the said premises

on or before 29.02.2016.

iii.

It is stated that when the Tenant refused to vacate the premises

an eviction petition, being RC/ARC No. 26155/2016, was filed

by the Petitioner/Organization through its President. It is stated

in the eviction petition that the Tenant is a government

employee working with the Delhi Transport Corporation and,

therefore, he cannot run any business in the tenanted premises.

It is stated that the Tenant is using the tenanted premise for

illegal financial gains. It is further stated that the Tenant has

been habitually defaulting in the payment of rent and has also

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002575

RC.REV. 141/2022 Page 3 of 9

not paid any heed to the requests made by the Petitioner

herein/Landlord for vacation of the said premise.

iv.

It is stated that the Tenant has sublet a part of the tenanted

premise to one Ms. Asha, wife of Shri Jagdish, Resident of C-

212 – D, Hari Nagar for running a beauty parlor and the other

part of the tenanted premises has been sublet to one Mr. Ajay

Sain, son of Shri Rattan Singh, resident of A-90, Hari Nagar for

running a men’s salon by partitioning the tenanted premises

using a wooden floor. It is stated that Tenant is charging Rs.

10,000/- per month as rent from the sub-tenants of the tenanted

premises.

v.

It is stated that in the eviction petition filed by the Landlord, the

Tenant filed an application for grant of leave to defend. It