RC.REV. 99/2018 Page 1 of 11

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 25^th MAY, 2022

IN THE MATTER OF:

+

RC.REV. 99/2018 & CM APPL. 4605/2022

DEPARTMENT OF POSTS & ORS

..... Petitioners

Through:

Ms. Anju Gupta, Mr. Roshan Lal

Goel, Advocates

versus

SURINDER BABU JAIN

..... Respondent

Through:

Mr. Ajay Gupta, Ms. Surbhi Gupta,

Mr.Aishwary Jain, Mr.Anant Gupta,

Advocates

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

Aggrieved by order dated 23.11.2017 passed by the learned

Additional Rent Controller, Tis Hazari Courts in Case No. E-726/2017

rejecting the leave to defend application filed by the Petitioner herein

(hereinafter referred to as 'the Tenant') and resultantly allowing the eviction

petition filed by the Respondent herein (hereinafter referred to as 'the Land-

lord'). The Tenant has come up to this Court by filing the instant revision

petition.

2.

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

i.

An Eviction Petition, being Eviction Petition No. E-726/2017,

was filed by the Land-lord for evicting the Tenant from the

tenanted premises, being half portion of the First Floor towards

the Northern side of the property bearing Municipal No.94,

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RC.REV. 99/2018 Page 2 of 11

Dariba Kalan, Delhi-110006 (hereinafterreferred to as the

'premises in question'). In the said eviction petition, an

application for leave to defend was filed by the Tenant.

ii.

The case of the Land-lord is that the he is the owner/landlord

of the tenanted premises. It is stated that the 2nd, 3rd and 4th

floor portion of the premises is being used by the Landlord for

running his hotel under the name 'Hotel Meru'.

iii.

It is stated that the premises in question is required by the

daughter-in-law of the Land-lord for doing her business from

the premises in question. It is stated that the daughter-in-law

of the Land-lord is a fashion designer, who wants to run her

own

boutique

and

requires

a

separate

place

for

tailoring/stitching. It is also stated that she requires a separate

area for a changing room and a separate area for the purpose of

taking measurements of the clients who are ladies. Apart from

this, a separate waiting area and a separate WC facility for the

customers is also required.

iv.

It is stated that the property in question is in Chandni Chowk,

which is a well known market area and the most ideal for the

daughter-in-law of the Land-lord to start her business. It is

stated that the landlord does not have any reasonable and

suitable accommodation with him for the purposes of starting

business for his daughter-in-law, who is dependent on him for

the purposes of this accommodation.

v.

It is further stated that the same portion of the premises in

question is also required by the landlord for having a reception

of his hotel which is being run from the upper floors of the

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RC.REV. 99/2018 Page 3 of 11

premises bearing Municipal No.94, Dariba Kalan, Delhi-

110006. It is stated that various customers do not come to the

hotel because even for going to the reception of the hotel, they

have to climb up to the second floor which they find to be

difficult. On the said grounds the eviction petition was filed.

vi.

It is stated in the eviction petition that the tenant is the

Department of Posts, which is running a Post Office from the

premises in question. The tenant filed an application for leave

to defend stating that the Dariba Post Office in the premises in

question has been functioning since long at the rent of Rs.400/-

per