RC.REV. 511/2016 Page 1 of 12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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RC.REV. 511/2016

RAVINDER KUMAR VERMA

..... Petitioner

Through

Mr.C.Mukund, Mr.Gaurav Kr.Singh &

Mr.Nagender Yadav, Advocates.

versus

LAXMI NARAYAN MANDIR NIRMAN

SABHA & ANR

..... Respondents

Through

None

CORAM:

HON'BLE MR. JUSTICE JAYANT NATH

JAYANT NATH, J. (Oral)

CM No. 39287/2016 (exemption)

Exemption is allowed subject to all just exceptions.

RC.REV. No. 511/2016 and CM Nos. 39286/2016 (stay) & 39288/2016

(delay)

1.

The present revision petition is filed under Section 25 (B) (8) of the

Delhi Rent Control Act (hereinafter referred to as DRC Act) seeking to

impugn the order dated 23.04.2016 passed by the Additional Rent Controller

(ARC) dismissing the application of the petitioner for grant of leave to

defend and consequently, passing an order of eviction against the petitioner.

2.

The respondents have filed the present eviction petition against the

petitioner under Section 14(1)(e) read with Section 25(B) of the DRC Act.

RC.REV. 511/2016 Page 2 of 12

As per the eviction petition, one shop measuring about 9 x 5 ft. at the ground

floor of Laxmi Narayan Mandir, D-Block, Jafrabad Road, New Seelampur,

Delhi-110053 was let out to the petitioner. It is stated that at the time of the

inception of the tenancy, the rent was Rs.600/- per month but presently the

monthly rent is Rs.3,100/- per month. The tenancy was said to have started

from 2012. It was further stated that the respondents are the owners of the

entire property and the total area of the property is about 175 sq. yards and on

the ground floor of the property there are 8 shops, the petitioner being the

tenant of one shop i.e. No. D-1/4(B) at the ground floor of Laxmi Narayan

Mandir Nirman Sabha. It is the contention of the respondents in the eviction

petition that the population of the area and devotees are increasing day by

day. Heavy crowd is experienced on each and every occasion on performance

of religious functions organised by the devotees and other persons. On

various festivals, heavy crowd of devotees collects at the Mandir premises

but the space of the Mandir premises is limited and the road in front of the

Mandir becomes congested. Further requirement of space is explained stating

that a small statute of Shiv Parivar is situated at a very small place and

persons cannot do worship. A statute of Lord Shani Dev is a must in the

Mandir premises and there is a heavy demand for the same by the devotees

but due to non-availability of space, the statute cannot be put. Despite there

being huge crowd who daily attend the Mandir, there is no place to install

drinking water cooler, wash rooms for gents and ladies. There is no space to

install security system like CCTV Cameras which is necessary for a crime-

prone area like Seelampur. Hence, it is urged that there is an urgent need for

additional space by the respondents and hence, the eviction petitions have

been filed against all the eight shops including the shop occupied by the

RC.REV. 511/2016 Page 3 of 12

petitioner which are required to be vacated because more space is required by

the Mandir.

3.

The petitioner filed his application under Section 25(B) (4) of the DRC

Act for grant of leave to defend and contest the eviction petition. It was urged

in the application that the present respondent is not the Secretary of the

Mandir Nirman Sabha and that the real officials of the Mandir Nirman Sabha

have lodged a complaint against the respondent and hence, a triable issue has

arisen. It is stated that Shri. Rajesh Sharma, the alleged Secretary is not even

the member of the Mandir Sabha.

4.

The trial court on the issue