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Delhi District Court

Jamil Ur Rehman vs Sh. Mohd. Naseem on 27 March, 2014

  IN THE COURT OF SHRI SANDEEP GARG:  ADMINISTRATIVE 
     CIVIL JUDGE­ CUM­ ADDITIONAL RENT CONTROLLER 
                    (CENTRAL) : DELHI

E­356/13
Unique ID No : 02401C0350942013

In the matter of:­

Jamil ur Rehman, 
S/o Late Sh. Habib ur Rehman
R/o 733, Phatak Dhobiyan
Farash Khana, Delhi­110006.
                                                                                                          ....Petitioner     
                                                         Versus

Sh. Mohd. Naseem,
S/o Sh. Mohd. Yusuf,
R/o 718, 2nd Floor, Phatak Dhobiyan, 
Farash Khana, Delhi­110006.
                                                                                                       .....Respondent

JUDGMENT:

1. The present eviction petition has been filed by the petitioner namely Sh. Jamil ur Rehman against the respondent namely Sh. Mohd. Naseem under Section 14 (1) (e) read with Section 25­B of Delhi Rent Control Act (hereinafter referred to as the DRC Act).

2. The version of the petitioner is that the petitioner is the absolute E­356/13 Page 1/4 owner of the property bearing House No.718, Phatak Dhobiyan, Farash Khana, Delhi­110006 and the respondent is tenant in respect of property bearing House No.718, 2nd Floor, Phatak Dhobiyan, Farash Khana, Delhi­110006 covered area consisting one room with kitchen and combined bathroom and toilet more specifically shown in red colour in the site plan attached, since 01.09.2001. The rate of the tenancy is Rs. 550/­ per month excluding of electricity, water and other charges. The respondent is in arrears of rent since November, 2011 which comes to Rs. 9,800/­ and on 29.04.2013 notice for termination was given and despite the service of notice, the respondent has neither paid the arrears of rent, nor vacated the tenanted premises.

3. The premises in question is required bonafide by the landlord/petitioner who is the owner thereof for resident purpose as the petitioner/owner has no other reasonable/vacant accommodation for residential purpose. The petitioner/owner is a senior citizen aged about 70­84 years and has no other place of living and the petitioner has no other suitable accommodation to live as the petitioner is living with his E­356/13 Page 2/4 cousins/brother's son family and the family size of the cousins has developed and the petitioner is facing difficulty/hardship to live with them and every day quarrel took place with the petitioner to find out some other suitable accommodation for living. It is prayed that eviction order under Section 14 (1) (e) of DRC Act in respect of property bearing House No.718, 2nd Floor, Phatak Dhobiyan, Farash Khana, Delhi­110006 covered area consisting one room with kitchen and combined bathroom and toilet more specifically shown in red colour in the site plan attached may be passed in favour of the petitioner and against the respondent.

4. A perusal of the record shows that earlier the respondent had refused to accept the service on 16.08.2013. Thereafter, summons issued to the respondent through registered A.D. post were received back with the remarks of 'intimation delivered/unclaimed'. The respondent was served by way of affixation on 18.09.2013. In view of the refusal of the respondent to accept service, report on registered A.D. post and service by way of affixation, the respondent is deemed to have been served and till date no application for leave to defend has been filed on his behalf within the E­356/13 Page 3/4 prescribed period.

5. The court has heard the Ld. Counsel for the petitioner and perused the record carefully.

6. In view of the above circumstances, as per the provisions of DRC Act, the averments made in the petition are deemed to be admitted by the respondent. Accordingly, eviction order is passed under Section 14 (1) (e) of the DRC Act in favour of the petitioner and against the respondent in respect of property bearing House No.718, 2nd Floor, Phatak Dhobiyan, Farash Khana, Delhi­110006 covered area consisting one room with kitchen and combined bathroom and toilet more specifically shown in red colour in the site plan attached. This order shall not be executable before expiry of six months from the date of this order. Petitioner to bear his own costs.

File be consigned to Record Room. 

Announced in the open court                         (SANDEEP GARG )
on 27.03.2014                                      Administrative   Civil   Judge­Cum­
                                                     Additional Rent Controller (Central)  
                                                                               Delhi



E­356/13                                                                                                          Page 4/4
                                                                                                                    E­356/2013


27.03.2014

Present  : None for the petitioner.

Vide separate judgment of even date, an eviction order is passed under Section 14 (1) (e) of the DRC Act in favour of the petitioner and against the respondent in respect of property bearing House No.718, 2nd Floor, Phatak Dhobiyan, Farash Khana, Delhi­110006 covered area consisting one room with kitchen and combined bathroom and toilet more specifically shown in red colour in the site plan attached. This order shall not be executable before expiry of six months from the date of this order. Petitioner to bear his own costs.

File be consigned to Record Room.

(Sandeep Garg) ACJ/ARC (Central) Delhi/27.03.2014 E­356/13 Page 5/4