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Anil Kumar Jain vs Subhash Chand Chawla Alias Subhash ... on 15 September, 2023

                                    $~39
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +    RC.REV. 252/2023
                                         ANIL KUMAR JAIN                      ..... Petitioner
                                                        Through: Ms. Swadha Gupta, Mr. Vishesh
                                                                 Wadhwa & Mr. Ayush Singh,
                                                                 Advocates.
                                                        versus

                                                SUBHASH CHAND CHAWLA ALIAS SUBHASH CHANDER
                                                CHAWLA                          ..... Respondent
                                                            Through:

                                                CORAM:
                                                HON'BLE MS. JUSTICE TARA VITASTA GANJU
                                                                 ORDER

% 15.09.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM APPL. 47729/2023 [Exemption]

1. Allowed, subject to the Petitioner filing translated and typed/legible/clear copies of document of the annexures within 10 days/two weeks.

2. The present Revision Petition has been filed by the Petitioner/landlord impugning the Order dated 17.04.2023 passed by the learned Senior Civil Judge cum Rent Controller, Patiala House Courts, New Delhi [hereinafter referred to "Eviction Order"]. The premises in issue is a shop bearing No. N- 18, Munshi Lal Builing, Connaught Circus, New Delhi - 110001 [hereinafter referred to as the "demised Premises"].

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2023 at 22:13:48

3. By way of the Eviction Order, the learned Trial Court has dismissed the Eviction Petition filed by the Petitioner/landlord after a full trial.

4. Learned Counsel for the Petitioner/landlord has submitted that the entire Eviction Order is premised on the fact that there is a suitable alternate accommodation in the vicinity of the demised Premises which is property No. N33/4, Middle Circle, Connaught Place, Delhi [hereinafter referred to as the "second Premises"] admeasuring 1500 sq. ft. on the ground floor, and 1000 sq. ft. on mezzanine floor, which is in possession of the Petitioner/landlord.

4.1 Hence, the Eviction Order finds that there exists no bonafide need for which the present Petition was filed in view of the fact that there is an alternative accommodation.

4.2 Learned Counsel for the Petitioner/landlord submits that this finding of the learned Trial Court is neither based on any facts and is contrary to the evidence which was led by the parties which has been reproduced in the Eviction Order itself.

4.3 Learned Counsel for the Petitioner/landlord submits, firstly, that during cross-examination, the Respondent/tenant admitted that the second Premises has been sealed by the NDMC. She seeks to rely on the admission which forms part of the Eviction Order at page 59. Secondly, she relies on the evidence led by the Petitioner/landlord, wherein, it has been said that the premises in Middle Circle in any event are not suitable to run the business of coffee shop or barista, as has been stated is the requirement of the Petitioner/landlord in the Eviction Petition.

5. Issue Notice.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2023 at 22:13:48 5.1 On steps being taken by the learned Counsel for the Petitioner/landlord, let Notice be issued to the Respondent/tenant, and to the learned Counsel who appeared on behalf of the Respondent/tenant before the Trial Court as well within a week.

5.1 The Affidavit of service be filed by the Petitioner/landlord within two weeks.

6. Learned Counsel for the both parties shall file their respective written synopsis in support of their contentions, not exceeding three pages each, at least one week before the next date of hearing, along with compilations of judgments, if any, they wish to rely upon.

6.1 All judgments sought to be relied upon by the learned Counsel for the parties shall be filed with an index which also sets out the relevant paragraph numbers and the proposition of law that it sets forth.

7. An e-copy of the Lower Court Record be requisitioned, at least three days before the next date of hearing.

8. List the matter on 24.01.2024.

TARA VITASTA GANJU, J SEPTEMBER 15, 2023/ ha Click here to check corrigendum, if any RC.REV. 252/2023 Page 3 of 3 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 18/09/2023 at 22:13:49